MARTIN V. STATE

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 THE STATE OF FLORIDA, ** Appellant, ** vs. ** ** JORGE PANIAGUA, CASE NO. 3D00-2556 LOWER TRIBUNAL NO. 87-304 ** Appellee. Opinion filed July 18, 2001. An Appeal from the Circuit Court for Miami-Dade County, Manuel Crespo, Judge. Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellant. Wilfredo O. Allen, for appellee. Before LEVY, FLETCHER and SORONDO, JJ. PER CURIAM. The state appeals the trial court's order vacating defendant's judgment of conviction and sentence. On January 26, 1987, defendant entered a plea of no contest to the charges of possession of cocaine and carrying a concealed weapon. He was sentenced to the adjudication of guilt was withheld. time he had served and On July 7, 2000, he filed a motion for writ of error coram nobis, also invoking rules 3.850 and Procedure. 3.172(c)(8) of the Florida Rules of Criminal The trial court granted this motion on July 18, 2000, and the state filed this timely appeal. The facts in the present case are almost identical to those in Medina v. State, 711 So. 2d 256 (Fla. 3d DCA 1998). Medina, defendant entered his plea two years As in before rule 3.172(c)(8), which requires the trial court to inform defendants of the possible immigration consequences of their plea, became effective. Post conviction relief is unavailable "on a claimed failure to advise of immigration consequences, because there was no duty to render such advice at that time." Id. at 257. See also State v. Ginebra, 511 So. 2d 960 (Fla. 1987); State v. Richardson, 785 So. 2d 585 (Fla. 3d DCA 2001). We reverse the lower court s order and remand directions to reinstate the judgment and sentence below. Reversed and remanded. - 2 - with

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.