Opinion
No. 4D06-3190.
February 14, 2007.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John J. Murphy, III, Judge; L.T. Case Nos. 94-21103 CF10B 94-21104 CF10A.
Robert G. Amsel of Robbins, Tunkey, Ross, Amsel, Raben Waxman, P.A., Miami, for appellant.
Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.
Rafiq Rehman Rashdi seeks review of an order that summarily denied his rule 3.850 motion through which he sought to withdraw his plea as involuntary. Rashdi's claim centers on his allegation that he was never advised by the trial court that his plea may subject him to deportation. See Fla.R.Crim.P. 3.172(c)(8). Considering the Florida Supreme Court's most recent pronouncement in State v. Green, 944 So.2d 208 (Fla. 2006), coupled with its previous decision in State v. Seraphin, 818 So.2d 485 (Fla. 2002), this case is reversed and remanded to the trial court for an evidentiary hearing.
POLEN, SHAHOOD and MAY, JJ., concur.