Blackwood v. State, Case No. 2D16–1351
Decision Date | 28 April 2017 |
Docket Number | Case No. 2D16–1351 |
Parties | Glenroy BLACKWOOD, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Brandon J. Rafool of Brandon J. Rafool, LLC, Winter Haven, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Jeffrey H. Siegal, Assistant Attorney General, Tampa, for Appellee.
Glenroy Blackwood appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief after an evidentiary hearing. Blackwood, a Jamaican citizen legally present in the United States, alleged that his trial counsel failed to warn him that he would be subject to automatic deportation as a result of entering a plea to aggravated assault with a deadly weapon and that had he known of the deportation consequences, he would not have entered the plea but instead would have proceeded to trial. Because the only evidence provided at the evidentiary hearing supported Blackwood's sworn assertions in his postconviction motion, we reverse the postconviction court's order denying relief.
Under Padilla v. Kentucky , 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), counsel has a duty to provide correct advice about the deportation consequences of a plea when those consequences are clear from the relevant immigration statute. Id. at 369, 130 S.Ct. 1473 (). On appeal, the State concedes that Blackwood's plea to aggravated assault with a deadly weapon made him eligible for automatic deportation. See 8 U.S.C. § 1227(a)(2)(A)(iii) (2015) (); § 1101(a)(43)(F) ( ); 18 U.S.C. § 16(a) (2015) ( ). Blackwood's trial counsel testified at the evidentiary hearing that he did not advise Blackwood that he would be subject to automatic deportation as a result of the plea. The postconviction court correctly found that counsel's performance was deficient.
In order to succeed on a claim of ineffective assistance of counsel, a movant "must show that counsel's performance was deficient [and] ... that the deficient performance prejudiced the defense." Hernandez v. State , 124 So.3d 757, 762 (Fla. 2012) (quoting Strickland v. Washington , 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) ). In this case, the postconviction court found that Blackwood had met this burden but imposed an additional requirement that he also prove that he was subject to automatic deportation under the federal immigration statute. This was error.
In Cano , the Fourth District addressed the facial sufficiency of a motion denied under Flores v. State , 57 So.3d 218 (Fla. 4th DCA 2010), decision quashed , 134 So.3d 447 (Fla. 2014), which held that giving defendants the rule 3.172(c)(8) warning that they may be subject to deportation as a consequence of...
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