Iaonnis George Sipsis v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2013 IAONNIS GEORGE SIPSIS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D11-2673 [March 20, 2013] ON MOTION FOR REHEARING PER CURIAM. We previously affirmed the summary denial of this untimely postconviction motion. Sipsis v. State, 38 Fla. L. Weekly D81 (Fla. 4th DCA 2012) (citing Hernandez v. State, 37 Fla. L. Weekly S730 (Fla. Nov. 21, 2012)). Appellant s motion sought to challenge a 1998 plea based on counsel s alleged deficient performance in failing to advise the defendant about deportation consequences. Appellant moved for rehearing, and this court granted appellant s motion to stay pending a ruling in Chaidez v. United States, No. 11-820, 2013 WL 610201 (U.S. Feb. 20, 2013). In Chaidez, the Court ruled that Padilla v. Kentucky, 559 U.S. 356 (2010), does not apply retroactively to convictions that became final prior to the decision in Padilla. Accordingly, the motion for rehearing is denied. MAY, C.J., DAMOORGIAN and LEVINE, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John Kastrenakes, Judge; L.T. Case No. 1995CF010033AXX. Ira Loewy and Maria Shohat of Shohat, Loewy & Shohat, Miami, for appellant. No appearance required for appellee. -2-

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