HERNANDEZ v. STATE

No. 3D10-2462.

61 So.3d 1144 (2011)

Gabriel A. HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied June 17, 2011.


Attorney(s) appearing for the Case

Sui Chung , Miami; Michael Vastine , for Immigration Clinic, St. Thomas University School of Law, for appellant.

Pamela Jo Bondi , Attorney General, and Timothy R.M. Thomas , Assistant Attorney General, for appellee.

Tania Galloni , for the Florida Immigrant Advocacy Center; Rebecca Sharpless for Immigration Clinic, University of Miami School of Law; Sabrina Vora-Puglisi , Sonya Rudenstine , Gainesville, and Michael Ufferman , Tallahassee, for Florida Association of Criminal Defense Lawyers, as amicus curiae.

Before RAMIREZ, C.J., and GERSTEN and SALTER, JJ.


SALTER, J.

Gabriel A. Hernandez appeals a circuit court order denying his motion to vacate his plea, judgment and sentence under Florida Rule of Criminal Procedure 3.850. The motion was filed approximately three months after the Supreme Court of the United States issued its opinion in Padilla v. Kentucky, ___ U.S. ___, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010). The issues on appeal are (1) whether the fact that the trial court...

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