State v. Chamroeun Sok Ou

District Court of Appeal of Florida

State v. Chamroeun Sok Ou

143 So. 3d 1204, 2014 WL 4057369, 2014 Fla. App. LEXIS 12661

CourtDistrict Court of Appeal of Florida

DecidedAugust 18, 2014

DocketNo. 1D14-33

StatusPublished

This text of 143 So. 3d 1204 (State v. Chamroeun Sok Ou) 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

State v. Chamroeun Sok Ou, 143 So. 3d 1204, 2014 WL 4057369, 2014 Fla. App. LEXIS 12661 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

We reverse the trial court’s order granting appellee’s Florida Rule of Criminal Procedure 3.850 motion for postconviction relief filed on September 23, 2011. In granting the motion, the trial court vacated appellee’s 2001 plea, judgment, and sentence for sexual battery, holding appellee’s defense attorney had provided ineffective assistance of counsel under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), by failing to advise him that his conviction would subject him to deportation. Prior to entry of the trial court’s order, however, both the United States Supreme Court and the Florida Supreme Court had already determined that Padilla does not apply retroactively to convictions that had become final prior to its issuance. See 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). Appellee’s claim that manifest injustice mandates Padilla be applied retroactively to his case is without merit.

REVERSED.

VAN NORTWICK, CLARK, and SWANSON, JJ., concur.

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PER CURIAM.

We reverse the trial court’s order granting appellee’s Florida Rule of Criminal Procedure 3.850 motion for postconviction relief filed on September 23, 2011. In granting the motion, the trial court vacated appellee’s 2001 plea, judgment, and sentence for sexual battery, holding appellee’s defense attorney had provided ineffective assistance of counsel under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), by failing to advise him that his conviction would subject him to deportation. Prior to entry of the trial court’s order, however, both the United States Supreme Court and the Florida Supreme Court had already determined that Padilla does not apply retroactively to convictions that had become final prior to its issuance. See 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). Appellee’s claim that manifest injustice mandates Padilla be applied retroactively to his case is without merit.

REVERSED.

VAN NORTWICK, CLARK, and SWANSON, JJ., concur.

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Bluebook (online)

143 So. 3d 1204, 2014 WL 4057369, 2014 Fla. App. LEXIS 12661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chamroeun-sok-ou-fladistctapp-2014.

Opinion

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