HERNANDEZ v. STATE

Nos. SC11-941, SC11-1357.

124 So.3d 757 (2012)

Gabriel A. HERNANDEZ, Petitioner, v. STATE of Florida, Respondent. State of Florida, Petitioner, v. Gabriel A. Hernandez, Respondent.

Supreme Court of Florida.

Rehearing Denied April 16, 2013.


Attorney(s) appearing for the Case

Sui Chung , Immigration Law & Litigation Group, Miami, FL and Michael S. Vastine , St. Thomas University School of Law, Director Immigration Clinic, Assistant Professor of Law, Miami Gardens, FL, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, FL; and Richard L. Polin , Chief Assistant Attorney General and Timothy Rhys Morgan Thomas , Assistant Attorney General, Miami, FL; and Kristen Lynn Davenport and Wesley Harold Heidt , Assistant Attorneys General, Daytona Beach, FL, for Respondent.

Rebecca A. Sharpless , University of Miami School of Law, Immigration Clinic, Coral Gables, FL and Lana Chiariello , Americans for Immigrant Justice, Miami, FL, for Amicus Curiae, Lawyers Association American Immigration.

Beatriz A. Llorente , President, Miami Chapter of Florida Association of Criminal Defense Lawyers, Miami, FL; and Sonya Rudenstine , Gainesville, FL; and Michael Robert Ufferman , Michael Ufferman Law Firm, P.A., Tallahassee, FL, for Amicus Curiae Florida Association of Criminal Defense Lawyers.


PER CURIAM.

This case is before the Court for review of the decision of the Third District Court of Appeal in Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011). In its decision, the Third District ruled upon the following questions, which it certified to be of great public importance:

1. DOES THE IMMIGRATION WARNING IN FLORIDA RULE OF CRIMINAL PROCEDURE 3.172(c)(8) BAR IMMIGRATION-BASED INEFFECTIVE ASSISTANCE...

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