GUTIERREZ v. STATE

No. 3D05-880.

935 So.2d 546 (2006)

Placido GUTIERREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 18, 2006.


Attorney(s) appearing for the Case

Arthur B. Calvin, for appellant.

Charles J. Crist, Jr., Attorney General, for appellee.

Before GERSTEN, FLETCHER, and SUAREZ, JJ.


FLETCHER, Judge.

In 1994, Placido Gutierrez was charged with aggravated battery on a pregnant victim. He entered a plea of nolo contendere in exchange for a withhold of adjudication and 14 months of probation. During the plea colloquy the trial court advised Gutierrez that "there is a possibility that this plea could affect your immigration status." Gutierrez accepted the plea and was sentenced accordingly. In 2004, Gutierrez...

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