Opinion
No. 3D12–427.
2012-08-8
Marcelo A. GAMARRA, Appellant, v. The STATE of Florida, Appellee.
An Appeal from the Circuit Court for Miami–Dade County, Yvonne Colodny, Judge. Alberto A. Cayetano Hollywood, for appellant. Pamela Jo Bondi, Attorney General, and Timothy R.M. Thomas, Assistant Attorney General, Assistant Attorney General, for appellee.
An Appeal from the Circuit Court for Miami–Dade County, Yvonne Colodny, Judge.
Alberto A. Cayetano Hollywood, for appellant. Pamela Jo Bondi, Attorney General, and Timothy R.M. Thomas, Assistant Attorney General, Assistant Attorney General, for appellee.
Before SUAREZ and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.
SUAREZ, J.
On Confession of Error
On the State's confession of error, we reverse the trial court's order denying the defendant's motion for post-conviction relief and remand for an evidentiary hearing on the issue of ineffective assistance of counsel to determine the sufficiency of defense counsel's immigration deportation advice in light of Padilla v. Kentucky, ––– U.S. ––––, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), and Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), review granted,81 So.3d 414 (Fla.2012). At the hearing, the defendant shall present evidence for the record of any relevant facts regarding his knowledge and understanding of his immigration status and the consequences of his plea which may affect the prejudice prong of Padilla.
Reversed and remanded.