DONEGAL v. STATE

No. 4D12-2855.

107 So.3d 490 (2013)

Clive DONEGAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 13, 2013.


Attorney(s) appearing for the Case

Steven Raisman and Helene B. Raisman of Raisman & Raisman, P.A., Fort Lauderdale, for appellant.

No appearance required for appellee.


PER CURIAM.

Affirmed. Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to the 1999 plea in this case. Hernandez v. State, ___ So.3d ___ (Fla.2012). The post-conviction motion was untimely, and appellant was not entitled to relief. In addition, the motion was insufficient as it failed to allege that appellant was in the country lawfully and removable based solely...

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