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Fundora v. State

District Court of Appeal of Florida, Third District
Feb 24, 1987
508 So. 2d 1250 (Fla. Dist. Ct. App. 1987)

Opinion

No. 87-182.

February 24, 1987.

Appeal from the Circuit Court, Dade County, Gerald Kogan, J.

Gerardo Fundora, in pro. per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before NESBITT, BASKIN, and JORGENSON, JJ.


Fundora appeals from the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. We find that 1) appellant's contentions, that his counsel was ineffective in failing to inform Fundora of the possibility of deportation as a result of his guilty plea and that his pleas were made involuntary as a result of this lack of information, are valid grounds for collateral relief from his guilty pleas, see Ginebra v. State, 498 So.2d 467 (Fla. 3d DCA 1986); Edwards v. State, 393 So.2d 597 (Fla. 3d DCA 1981), and 2) appellant sufficiently alleges facts which, if proven, would support his prayer for relief. Since the trial court failed to attach those portions of the record which would demonstrate that Fundora is not entitled to relief, we

Reverse and remand for further proceedings in accordance with Ginebra, Edwards, and Rule 3.850.


Summaries of

Fundora v. State

District Court of Appeal of Florida, Third District
Feb 24, 1987
508 So. 2d 1250 (Fla. Dist. Ct. App. 1987)
Case details for

Fundora v. State

Case Details

Full title:GERARDO FUNDORA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 24, 1987

Citations

508 So. 2d 1250 (Fla. Dist. Ct. App. 1987)

Citing Cases

State v. Fundora

EHRLICH, Justice. We have for review Fundora v. State, 508 So.2d 1250 (Fla. 3d DCA 1987), because of conflict…