Opinion
No. 4D12-2748
02-13-2013
GENO JOSEPH, Appellant, v. STATE OF FLORIDA, Appellee.
Geno Joseph, Fort Lauderdale, pro se. No appearance required for appellee.
.
We affirm the denial of appellant's motion for postconviction relief. First, Padilla v. Kentucky, 130 S.Ct. 1473 (2010), does not apply retroactively to the 1999 plea. Hernandez v. State, 37 Fla. L. Weekly S730 (Fla. Nov. 21, 2012). Second, appellant does not show that he was present in the country lawfully. Padilla applies only to those who were present in the country lawfully at the time of the plea. Appellant cannot show that the plea is the sole basis for his removability. See Rosas v. State, 991 So. 2d 1003 (Fla. 4th DCA 2008).
Affirmed. WARNER, TAYLOR and CONNER, JJ., concur.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Cynthia G. Imperato, Judge; L.T. Case No. 99001380CF10A.
Geno Joseph, Fort Lauderdale, pro se.
No appearance required for appellee.
Not final until disposition of timely filed motion for rehearing.