Valdes v. State

District Court of Appeal of Florida

Valdes v. State

68 So. 3d 994, 2011 Fla. App. LEXIS 14156, 2011 WL 3903116

CourtDistrict Court of Appeal of Florida

DecidedSeptember 7, 2011

Docket3D11-1252

StatusPublished

This text of 68 So. 3d 994 (Valdes 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

Valdes v. State, 68 So. 3d 994, 2011 Fla. App. LEXIS 14156, 2011 WL 3903116 (Fla. Ct. App. 2011).

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Opinion

SUAREZ, J.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. On appeal from a summary denial, this Court must reverse unless the post-conviction record, shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (D).

Valdes claims that he was not advised by the trial court of the deportation conse *995 quences of his plea. The trial court’s order denying relief failed to address this claim. Because the record now before us fails to make the required showing, we reverse the order and remand for an evi-dentiary hearing or other appropriate relief. If the trial court again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts 1 conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

1

. The plea colloquy, for example.

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SUAREZ, J.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. On appeal from a summary denial, this Court must reverse unless the post-conviction record, shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (D).

Valdes claims that he was not advised by the trial court of the deportation conse *995 quences of his plea. The trial court’s order denying relief failed to address this claim. Because the record now before us fails to make the required showing, we reverse the order and remand for an evi-dentiary hearing or other appropriate relief. If the trial court again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts 1 conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

1

. The plea colloquy, for example.

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Bluebook (online)

68 So. 3d 994, 2011 Fla. App. LEXIS 14156, 2011 WL 3903116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valdes-v-state-fladistctapp-2011.

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