Martinez-Segura v. State
This text of 274 So. 3d 453 (Martinez-Segura 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.
Opinion
Gerardo Martinez-Segura appeals an order summarily denying his rule 3.850 motion. Consistent with the State's concession, we reverse in part. The trial court erred in summarily denying as to grounds four and five, which alleged ineffective assistance of counsel based on counsel's advice (or lack of advice) regarding the deportation consequences of Martinez-Segura's plea. On remand, the trial court must either attach records conclusively refuting these allegations or hold an evidentiary hearing. As to the remaining grounds, we affirm.
AFFIRMED in part and REVERSED in part.
Rowe, Bilbrey, and Winsor, JJ., concur.
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274 So. 3d 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-segura-v-state-fladistctapp-2019.