Jose Adrano a/k/a Jose Adriano

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2014 JOSE ADRANO a/k/a JOSE ADRIANO, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D14-1492 [July 23, 2014] Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Lisa M. Porter, Judge; L.T. Case No. 01-11082 CF10A. William M. Pavlov, North Miami Beach, for appellant. No appearance required for appellee. PER CURIAM. We affirm the trial court s summary denial of appellant s untimely motion for post-conviction relief, as Padilla v. Kentucky, 559 U.S. 356, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010), does not apply retroactively to this September 2001 plea. Chaidez v. United States, __ U.S. __, 133 S. Ct. 1103, 185 L. Ed. 2d 149 (2013); Hernandez v. State, 124 So. 3d 757 (Fla. 2012). In addition, appellant was not subject to removal strictly based on his plea in this case, a prerequisite to post-conviction relief based on Padilla, since at the time of removal proceedings he was an illegal alien who overstayed his temporary protected status, rendering him subject to deportation on that basis alone. See Ioselli v. State, 122 So. 3d 388, 390 (Fla. 4th DCA 2013); Donegal v. State, 107 So. 3d 490 (Fla. 4th DCA 2013); Joseph v. State, 107 So. 3d 494 (Fla. 4th DCA 2013); Rosas v. State, 911 So. 2d 1003 (Fla. 4th DCA 2008). Affirmed. WARNER, LEVINE and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.

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