Home/Supreme Court of Florida/State v. Sallato

State v. Sallato

519 So. 2d 605, 1988 WL 6025
CourtSupreme Court of Florida
DecidedJanuary 28, 1988
Docket70522
StatusPublished
Cited by20 cases

This text of 519 So. 2d 605 (State v. Sallato) is published on Counsel Stack Legal Research, covering Supreme Court 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. Sallato, 519 So. 2d 605, 1988 WL 6025 (Fla. 1988).

Opinion

519 So.2d 605 (1988)

STATE of Florida, Petitioner,
v.
Hector SALLATO, Respondent.

No. 70522.

Supreme Court of Florida.

January 28, 1988.

Robert A. Butterworth, Atty. Gen. and Debora J. Turner, Asst. Atty. Gen., Miami, for petitioner.

Bennet Lapidus of Malman, Defabio & Lapidus, Coral Gables, for respondent.

PER CURIAM.

We have for review State v. Sallato, 508 So.2d 1256 (Fla.3d DCA 1987), in which the district court affirmed a trial court's order granting a motion to vacate Sallato's guilty plea, relying, inter alia, on its decisions in Ginebra v. State, 498 So.2d 467 (Fla.3d DCA 1986), and Edwards v. State, 393 So.2d 597 *606 (Fla.3d DCA 1981), and acknowledging conflict in Hahn v. State, 421 So.2d 710 (Fla. 1st DCA 1982). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

We recently quashed Ginebra, and disapproved Edwards, in State v. Ginebra, 511 So.2d 960 (Fla. 1987), holding that defense counsel is not ineffective for failing to advise his client that a guilty plea could result in deportation, a collateral consequence of the plea. A review of the record, however, shows that the instant case involves more than a failure to advise. Sallato alleged in his motion to vacate that he asked counsel whether his plea would jeopardize his chances of becoming a permanent United States citizen. Counsel allegedly replied that "there was nothing to worry about, he would not have a conviction." We expressed no opinion in Ginebra concerning the legal effect of "positive misadvice." Id. at 962 n. 6.

Accordingly, we quash the district court's decision in light of its reliance on decisions now disapproved and remand to the district court with instructions to remand to the trial court for a determination of whether the accused was given positive misadvice by trial counsel and the legal ramifications of such advice.

It is so ordered.

McDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hernandez v. State
204 So. 3d 128 (District Court of Appeal of Florida, 2016)
Marshall v. State
983 So. 2d 680 (District Court of Appeal of Florida, 2008)
Ey v. State
982 So. 2d 618 (Supreme Court of Florida, 2008)
Colombo v. State
972 So. 2d 1101 (District Court of Appeal of Florida, 2008)
State v. Haddad
950 So. 2d 434 (District Court of Appeal of Florida, 2007)
Clemmons v. State
919 So. 2d 657 (District Court of Appeal of Florida, 2006)
Alguno v. State
892 So. 2d 1200 (District Court of Appeal of Florida, 2005)
Bates v. State
887 So. 2d 1214 (Supreme Court of Florida, 2004)
Alexander v. State
830 So. 2d 899 (District Court of Appeal of Florida, 2002)
Ghanavati v. State
820 So. 2d 989 (District Court of Appeal of Florida, 2002)
Bates v. State
818 So. 2d 626 (District Court of Appeal of Florida, 2002)
State v. Richardson
785 So. 2d 585 (District Court of Appeal of Florida, 2001)
Peart v. State
705 So. 2d 1059 (District Court of Appeal of Florida, 1998)
Rhodes v. State
701 So. 2d 388 (District Court of Appeal of Florida, 1997)
United States v. Mora-Gomez
875 F. Supp. 1208 (E.D. Virginia, 1995)
Henderson v. State
626 So. 2d 310 (District Court of Appeal of Florida, 1993)
State v. Johnson
615 So. 2d 179 (District Court of Appeal of Florida, 1993)
Bermudez v. State
603 So. 2d 657 (District Court of Appeal of Florida, 1992)
Fica v. State
549 So. 2d 206 (District Court of Appeal of Florida, 1989)
State v. Rodriguez
29 Fla. Supp. 2d 41 (Florida Circuit Courts, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
519 So. 2d 605, 1988 WL 6025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sallato-fla-1988.