Johnny v. State

Full title: OSCAR JOHNNY, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Mar 19, 2014

No. 4D13-2456 (Fla. Dist. Ct. App. Mar. 19, 2014)

Opinion

No. 4D13-2456

03-19-2014

OSCAR JOHNNY, Appellant, v. STATE OF FLORIDA, Appellee.

Ivy R. Ginsberg of Ivy R. Ginsberg, P.A., Aventura, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Luke Robert Napodano, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM

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We affirm the trial court's denial of appellant's untimely and successive rule 3.850 motion for postconviction relief. Appellant has not shown that the court erred in denying his claim for relief under Padilla v. Kentucky, 130 S. Ct. 1473 (2010).

The trial court denied appellant's prior motion because he signed and initialed a plea form that advised him unequivocally that his plea "will" result in his deportation. Appellant has no difficulty with the English language and averred during the plea colloquy that he had read and understood the information on the plea form. This refutes the allegation that he entered the plea unaware that he would be deported. Jackson v. State, 112 So. 3d 591 (Fla. 4th DCA 2013); Ioselli v. State, 122 So. 3d 388, 390 (Fla. 4th DCA 2013); Peart v. State, 754 So. 2d 723 (Fla. 4th DCA 1999).

Affirmed. MAY, CIKLIN and FORST, JJ., concur.

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Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Usan, Judge; L.T. Case No. 10-4295 CF10A.

Ivy R. Ginsberg of Ivy R. Ginsberg, P.A., Aventura, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Luke Robert Napodano, Assistant Attorney General, West Palm Beach, for appellee.

Not final until disposition of timely filed motion for rehearing.