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107 So. 3d 492

Joseph v. State

District Court of Appeal of Florida

Decided February 13, 2013

District Court of Appeal of Florida · decided 2013-02-13

Cited by 6 later decisions — most recently January 2015

6 state decisions

Relies on Padilla v. Kentucky · Bieger v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-02-13

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PER CURIAM.

¶1We affirm the denial of appellant’s motion for postconviction relief. First, Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), does not apply retroactively to the 1999 plea. Hernandez v. State, — So.3d - (Fla.2012). Second, appellant does not show that he was present in the country lawfully. Padillaapplies only to those who were present in the country lawfully at the time of the plea. Appellant cannot show that the plea is the sole basis for his removability. See Rosas v. State, 991 So.2d 1003 (Fla. 4th DCA 2008).

¶2Affirmed.

WARNER, TAYLOR and CONNER, JJ., concur.
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