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Re: DueDillinger post# 3786

Friday, 04/02/2004 4:15:50 PM

Friday, April 02, 2004 4:15:50 PM

Post# of 7479
Not completely similar, but close...

Anderson appeals the trial court's denial of his Florida Rule of Criminal Procedure 3.850
motion for collateral relief alleging that his 1982 plea of no contest to grand theft auto and grand
theft was unknowing and involuntary because he was not advised of the possibility of deportation.
He also alleges that his trial counsel was ineffective for not advising him that he would be subject
to deportation and for not seeking a judicial recommendation that would have eliminated that
potential. Lastly, he argues that the 1989 adoption of Florida Rule of Criminal Procedure
3.172(c)(8), requiring the sentencing court to advise defendants of the consequences of
deportation, should apply retroactively.
A criminal defendant who is not a United States citizen and who has been found guilty of
committing a crime in this country can be deported as one of the consequences of illegal activity.


http://www.5dca.org/Opinions/Opin2003/102003/5D02-3923.op.corr.pdf


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