Moreau v. State

District Court of Appeal of Florida

Moreau v. State

109 So. 3d 231, 2013 WL 49779

CourtDistrict Court of Appeal of Florida

DecidedJanuary 4, 2013

DocketNo. 2D12-154

StatusPublished

This text of 109 So. 3d 231 (Moreau 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

Moreau v. State, 109 So. 3d 231, 2013 WL 49779 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

Jean Nery Moreau appeals the summary denial of his motion for postconviction relief filed in accordance with Florida Rule of Criminal Procedure 3.850. In his post-conviction motion, Mr. Moreau raised five grounds for relief. We affirm the postcon-viction court’s order on all five grounds.

In the fifth ground of his motion, Mr. Moreau alleged, among other things, that his trial counsel was ineffective because he failed to advise Mr. Moreau of the deportation consequences of his plea. The Florida Supreme Court’s recent decision in Hernandez v. State, — So.3d-(Fla.2012), is controlling and held that Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively. Because Mr. Moreau’s convictions were final before the decision in Padilla, we affirm the postconviction court’s order on this ground in accordance with Hernandez.

Affirmed.

SILBERMAN, C.J., and WALLACE and CRENSHAW, JJ., Concur.

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PER CURIAM.

Jean Nery Moreau appeals the summary denial of his motion for postconviction relief filed in accordance with Florida Rule of Criminal Procedure 3.850. In his post-conviction motion, Mr. Moreau raised five grounds for relief. We affirm the postcon-viction court’s order on all five grounds.

In the fifth ground of his motion, Mr. Moreau alleged, among other things, that his trial counsel was ineffective because he failed to advise Mr. Moreau of the deportation consequences of his plea. The Florida Supreme Court’s recent decision in Hernandez v. State, — So.3d-(Fla.2012), is controlling and held that Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively. Because Mr. Moreau’s convictions were final before the decision in Padilla, we affirm the postconviction court’s order on this ground in accordance with Hernandez.

Affirmed.

SILBERMAN, C.J., and WALLACE and CRENSHAW, JJ., Concur.

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Bluebook (online)

109 So. 3d 231, 2013 WL 49779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moreau-v-state-fladistctapp-2013.

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