Martinez v. State, 85-1913
| Decision Date | 17 September 1985 |
| Docket Number | No. 85-1913,85-1913 |
| Citation | 475 So.2d 1292,10 Fla. L. Weekly 2153 |
| Parties | 10 Fla. L. Weekly 2153 Mario MARTINEZ, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Mario Martinez, in pro. per.
Jim Smith, Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ.
The defendant, Mario Martinez, appeals the summary denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. In his motion the defendant alleged that defense counsel was ineffective because he failed to advise Martinez of the possible consequence of deportation which might ensue from the entry of a guilty plea to charges of second degree murder, attempted first degree murder, armed robbery, trafficking in cocaine and carrying a concealed firearm. The motion further alleged that the defendant entered this country in the Mariel boatlift as a documented political refugee from Cuba and that defense counsel was at all times aware of Martinez' background and status as a non-resident and non-citizen of this country.
Finding the allegations of the motion legally insufficient to support the claim for relief, the trial court entered a summary order of denial without attaching portions of the file or record to conclusively show the defendant is entitled to no relief. We disagree with the trial court's finding of legal insufficiency. This court held, in Edwards v. State, 393 So.2d 597 (Fla. 3d DCA), pet. for rev. denied, 402 So.2d 613 (Fla.1981), that ignorance of the potential consequence of deportation did not make for an intelligent waiver when the defendant entered a plea of guilty and that defense counsel's failure to inform the defendant of this potential consequence could render the guilty plea involuntary. Edwards required that on remand the trial court hold an evidentiary hearing at which, in order to prevail,
it will ... be incumbent upon ... [defendant] to establish that he was not advised by his counsel and was otherwise unaware of the consequence of his deportation; that had he known of this consequence, he would not have entered the plea of guilty; and that such a consequence will actually flow from the conviction.
Id. at 600. We likewise reverse and remand for further proceedings under Rule 3.850. On remand the trial court may either again summarily deny the motion, attaching to its order those portions of the record which conclusively demonstrate the defendant is not...
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State v. Vera, 1
...may face deportation as a result of a guilty plea is such a consequence. In support of his position, appellant relies on Martinez v. State, 475 So.2d 1292 (Fla.App.1985). Martinez simply followed a rule adopted in Edwards v. State, 393 So.2d 597 (Fla.App.1981), which was disapproved in Stat......
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...for review denied, 402 So.2d 613 (Fla.1981). See also, Rodriguez v. State, 487 So.2d 1224 (Fla. 4th DCA 1986); Martinez v. State, 475 So.2d 1292 (Fla. 3d DCA 1985). As recognized by the trial court in its order, Florida courts are not unanimous on this question. In Hahn v. State, 421 So.2d ......
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...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 acknowledge that our decision, as well as the authorities cited in support of it, conflicts with Hahn v. State, 421 S......
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