From Casetext: Smarter Legal Research

Lopez v. State

District Court of Appeal of Florida, Fourth District.
Mar 21, 2012
84 So. 3d 389 (Fla. Dist. Ct. App. 2012)

Opinion

No. 4D10–5110.

03-21-2012

Roger LOPEZ, Appellant, v. STATE of Florida, Appellee.

Antonio Bugge, Miami, for appellant. No appearance required for appellee.


Antonio Bugge, Miami, for appellant.

No appearance required for appellee.

PER CURIAM.

We affirm the summary denial of appellant's motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010). However, we note that this decision expressly and directly conflicts with Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011). See Fla. R.App. P. 9.030(a)(2)(A)(iv). We certify conflict and certify a question of great public importance:

DOES THE IMMIGRATION WARNING IN FLORIDA RULE OF CRIMINAL PROCEDURE 3.172(c)(8) BAR IMMIGRATION–BASED INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS BASED ON THE UNITED STATES SUPREME COURT'S DECISION IN Padilla v. Kentucky , ––– U.S. ––––, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010) ?

See Fla. R.App. P. 9.030(a)(2)(A)(v).

Affirmed; Conflict and Question Certified.

TAYLOR, GERBER and LEVINE, JJ., concur.


Summaries of

Lopez v. State

District Court of Appeal of Florida, Fourth District.
Mar 21, 2012
84 So. 3d 389 (Fla. Dist. Ct. App. 2012)
Case details for

Lopez v. State

Case Details

Full title:Roger LOPEZ, Appellant, v. STATE of Florida, Appellee.

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

Date published: Mar 21, 2012

Citations

84 So. 3d 389 (Fla. Dist. Ct. App. 2012)

Citing Cases

Lopez v. State

On RemandThis case is before the Court on remand from the Florida Supreme Court which quashed our decision in…

Cunningham v. State

PER CURIAM.Affirmed. Rodriguez v. State, 75 So.3d 391 (Fla. 4th DCA 2011);Davis v. State, 69 So.3d 315 (Fla.…