Hernandez v. StateAnnotate this Case
Petitioner, who was born in Nicaragua and entered the United States as a child, pleaded guilty to sale of a controlled substance, a second degree felony, in 2001. Following the U.S. Supreme Court's decision in Padilla v. Kentucky in 2010, Petitioner filed a postconviction motion alleging that his counsel failed to advise him that deportation was mandatory for the offense to which he pled guilty and that he would not have pled guilty if he had known that it would mandate his deportation without recourse. The circuit court denied Petitioner's motion on the basis that the immigration consequences warning included in the plea colloquy pursuant to Fla. R. Crim. P. 3.172(c)(8) precluded Petitioner from establishing the requisite prejudice under Strickland v. Washington. The Third District Court of Appeal upheld the denial of Petitioner's postconviction motion and then certified questions of law to the Florida Supreme Court. The Supreme Court answered (1) the immigration warning in Rule 3.172(c)(8) does not bar immigration-based ineffective assistance of counsel claims based on Padilla; and (2) however, the ruling in Padilla does not apply retroactively. Therefore, the Court approved of the Third District's decision upholding the denial of Petitioner's postconviction motion.