Opinion
No. 4D12–71.
2012-10-31
Vincent RICHARDS, Appellant, v. STATE of Florida, Appellee.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; David A. Haimes, Judge; L.T. Case No. 05–10271 CF10A. Fairuze Mohamed Sofia of the Sofia Law Firm, Fort Lauderdale, for appellant. No appearance required for appellee.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; David A. Haimes, Judge; L.T. Case No. 05–10271 CF10A.
Fairuze Mohamed Sofia of the Sofia Law Firm, Fort Lauderdale, for appellant. No appearance required for appellee.
PER CURIAM.
Affirmed. Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to convictions that were final at the time that decision issued. Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), rev. granted,81 So.3d 414 (Fla.2012); Davis v. State, 69 So.3d 315 (Fla. 4th DCA 2011). Further, at the time of the plea, appellant was clearly advised, and acknowledged that he understood, that his plea could result in his deportation. Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010).
Appellant's allegation that the drug statute is unconstitutional is without merit. State v. Adkins, 96 So.3d 412 (Fla.2012); Maestas v. State, 76 So.3d 991 (Fla. 4th DCA 2011).