Jose Adrano a/k/a Jose Adriano

143 So. 3d 1058, 2014 WL 3605524, 2014 Fla. App. LEXIS 11186

Opinion

PER CURIAM.

We affirm the trial court’s summary denial of appellant’s untimely motion for post-conviction relief, as Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to this September 2001 plea. Chaidez v. United States, — U.S. -, 133 S.Ct. 1103, 185 L.Ed.2d 149 (2013); Hernandez v. State, 124 So.3d 757 (Fla.2012). In addition, appellant was not subject to removal strictly based on his plea in this case, a prerequisite to post-conviction re lief based on Padilla, since at the time of removal proceedings he was an illegal alien who overstayed his temporary protected status, rendering him subject to deportation on that basis alone. See Ioselli v. State, 122 So.3d 388, 390 (Fla. 4th DCA 2013); Donegal v. State, 107 So.3d 490 (Fla. 4th DCA 2013); Joseph v. State, 107 So.3d 494 (Fla. 4th DCA 2013); Rosas v. State, 911 So.2d 1003 (Fla. 4th DCA 2008).

Affirmed.

WARNER, LEVINE and KLINGENSMITH, JJ., concur.