415 So. 2d 908 - Torros v. State

How this case has been cited

Cited by 3 later decisions — most recently September 2013

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellants.

¶2Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Appellants Antonio and Alberto Torros challenge a special condition of their probation providing: "If found to be an illegal alien, you are to be deported to Cuba." They correctly point out that deportation is a federal matter, see Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973). The trial court thus had no authority to order their deportation, and the provision therefor must be stricken. The trial court may, however, recommend to the appropriate federal authorities that appellants be deported if the court deems it advisable.

¶5Accordingly, the special condition that appellants be deported if found to be illegal aliens is stricken from the order placing them on probation. The order is otherwise affirmed.

¶6HOBSON, Acting C.J., and BOARDMAN and OTT, JJ., concur.