Opinion
No. 3D09-587.
April 20, 2011. Rehearing and Rehearing En Banc Denied June 2, 2011.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.
Joseph P. George, Jr., Criminal Conflict and Civil Regional Counsel, Third Region, and Dan Hallenberg, Assistant Regional Counsel, for appellant.
Pamela Jo Bondi, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.
Before WELLS, ROTHENBERG, and EMAS, JJ.
Mario Fernandez-Balart appeals from an order denying his Florida Rule of Criminal Procedure 3.850 motion to vacate a plea brought within the window provided by State v. Green, 944 So.2d 208 (Fla. 2006), claiming that his 1979 plea, judgment and sentence must be set aside because of misadvice of counsel as to the immigration consequences of that plea. Because we find the trial court's order denying Fernandez-Balart's motion fully supported by competent, substantial evidence, we affirm. We do so, however, without prejudice to Fernandez-Balart's right to file a new motion asserting any claim which he might have under Padilla v. Kentucky, ___ U.S. ___, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010).