Adrano v. State

Full title: Jose ADRANO a/k/a Jose Adriano, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fourth District.

Date published: Jul 23, 2014

143 So. 3d 1058 (Fla. Dist. Ct. App. 2014)

Opinion

No. 4D14–1492.

2014-07-23

Jose ADRANO a/k/a Jose Adriano, 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; Lisa M. Porter, Judge; L.T. Case No. 01–11082 CF10A. William M. Pavlov, North Miami Beach, for appellant. No appearance required for appellee.

PER CURIAM.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Lisa M. Porter, Judge; L.T. Case No. 01–11082 CF10A.
William M. Pavlov, North Miami Beach, for appellant. No appearance required for appellee.
PER CURIAM.

We affirm the trial court's summary denial of appellant's untimely motion for post-conviction relief, as Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to this September 2001 plea. Chaidez v. United States, ––– U.S. ––––, 133 S.Ct. 1103, 185 L.Ed.2d 149 (2013); Hernandez v. State, 124 So.3d 757 (Fla.2012). In addition, appellant was not subject to removal strictly based on his plea in this case, a prerequisite to post-conviction reliefbased on Padilla, since at the time of removal proceedings he was an illegal alien who overstayed his temporary protected status, rendering him subject to deportation on that basis alone. See Ioselli v. State, 122 So.3d 388, 390 (Fla. 4th DCA 2013); Donegal v. State, 107 So.3d 490 (Fla. 4th DCA 2013); Joseph v. State, 107 So.3d 494 (Fla. 4th DCA 2013); Rosas v. State, 911 So.2d 1003 (Fla. 4th DCA 2008).

Affirmed. WARNER, LEVINE and KLINGENSMITH, JJ., concur.