Gamarra v. State

District Court of Appeal of Florida

Gamarra v. State

93 So. 3d 1194, 2012 WL 3192764, 2012 Fla. App. LEXIS 13065

CourtDistrict Court of Appeal of Florida

DecidedAugust 8, 2012

DocketNo. 3D12-427

StatusPublished

This text of 93 So. 3d 1194 (Gamarra v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gamarra v. State, 93 So. 3d 1194, 2012 WL 3192764, 2012 Fla. App. LEXIS 13065 (Fla. Ct. App. 2012).

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Opinion

SUAREZ, J.

On Confession of Error

On the State’s confession of error, we reverse the trial court’s order denying the defendant’s motion for post-conviction relief and remand for an evidentiary hearing on the issue of ineffective assistance of counsel to determine the sufficiency of defense counsel’s immigration deportation advice in light of Padilla v. Kentucky, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), and Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), review granted, 81 So.3d 414 (Fla.2012). At the hearing, the defendant shall present evidence for the record of any relevant facts regarding his knowledge and understanding of his immigration status and the consequences of his plea which may affect the prejudice prong of Padilla.

Reversed and remanded.

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SUAREZ, J.

On Confession of Error

On the State’s confession of error, we reverse the trial court’s order denying the defendant’s motion for post-conviction relief and remand for an evidentiary hearing on the issue of ineffective assistance of counsel to determine the sufficiency of defense counsel’s immigration deportation advice in light of Padilla v. Kentucky, — U.S. —, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), and Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), review granted, 81 So.3d 414 (Fla.2012). At the hearing, the defendant shall present evidence for the record of any relevant facts regarding his knowledge and understanding of his immigration status and the consequences of his plea which may affect the prejudice prong of Padilla.

Reversed and remanded.

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Bluebook (online)

93 So. 3d 1194, 2012 WL 3192764, 2012 Fla. App. LEXIS 13065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gamarra-v-state-fladistctapp-2012.

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