Ginebra v. State, 86-1802
| Decision Date | 26 August 1986 |
| Docket Number | No. 86-1802,86-1802 |
| Citation | 498 So.2d 467,11 Fla. L. Weekly 1860 |
| Parties | 11 Fla. L. Weekly 1860 Lazaro GINEBRA, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Lazaro Ginebra, in Pro Per.
Jim Smith, Atty. Gen., for appellee.
Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.
The defendant, Lazaro Ginebra, appeals from the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. We reverse.
Ginebra pled guilty, allegedly at the urging of his counsel, in four different cases, to attempted second-degree murder, grand-theft, two counts of armed robbery, and three counts of possession of firearm. Ginebra, a Mariel refugee, claims that his attorney failed to inform him, prior to entering his pleas, that guilty pleas might result in deportation proceedings against him, and due to this ineffective assistance of counsel, his pleas were entered involuntarily. This court has previously held that these may be valid claims if, in fact, Ginebra's attorney did fail to so advise him and the conviction actually leads to deportation. Martinez v. State, 475 So.2d 1292 (Fla. 3d DCA 1985); Edwards v. State, 393 So.2d 597 (Fla. 3d DCA), review denied, 402 So.2d 613 (Fla.1981).
The trial court summarily denied Ginebra's motion for legal insufficiency, without attaching those portions of the file or record which conclusively demonstrate that Ginebra is entitled to no relief. This was error. See Owens v. States, 463 So.2d 408 (Fla. 3d DCA 1985). Accordingly, we
Reverse and remand for further proceedings in accordance with Edwards and Rule 3.850.
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State v. Ginebra
...Allen, Public Defender, Second Judicial Circuit, Tallahassee, for respondent. EHRLICH, Justice. We have for our review Ginebra v. State, 498 So.2d 467 (Fla. 3d DCA 1986), which conflicts with Villavende v. State, 504 So.2d 455 (Fla. 2d DCA 1987), and Hahn v. State, 421 So.2d 710 (Fla. 1st D......
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State v. Casseus, 70226
...article V, section 3(b)(3), Florida Constitution, and quash the decision below. Relying on its decision in Ginebra v. State, 498 So.2d 467 (Fla. 3d DCA 1986), the district court below reversed the trial court's summary denial of Casseus' Florida Rule of Criminal Procedure 3.850 motion, find......
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State v. Fundora
...article V, section 3(b)(3), Florida Constitution, and quash the decision below. Relying on its decisions in Ginebra v. State, 498 So.2d 467 (Fla. 3d DCA 1986), and Edwards v. State, 393 So.2d 597 (Fla. 3d DCA 1981), the district court below reversed the trial court's summary denial of Fundo......
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State v. Sallato, 86-1248
...to vacate his guilty plea is affirmed on the authority of Edwards v. State, 393 So.2d 597 (Fla. 3d DCA 1981). See also Ginebra v. State, 498 So.2d 467 (Fla. 3d DCA 1986); Rodriguez v. State, 487 So.2d 1224 (Fla. 4th DCA 1986); Martinez v. State, 475 So.2d 1292 (Fla. 3d DCA 1985). We acknowl......