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498 So. 2d 467

498 So.2d 467

11 Fla.L.Weekly 1860

Docket No. 86-1802.

Ginebra v. State

Lazaro GINEBRA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 26, 1986.

District Court of Appeal of Florida · decided 1986-08-26

Cited by 9 later decisions — most recently April 1988

9 state decisions

Relies on 402 So. 2d 606 - State v. Hawkins · Edwards v. State · 463 So. 2d 408 - Owens v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-08-26

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¶1Lazaro Ginebra, in Pro Per.

¶2Jim Smith, Atty. Gen., for appellee.

¶3Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.

¶4PER CURIAM.

¶5The defendant, Lazaro Ginebra, appeals from the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. We reverse.

¶6Ginebra pled guilty, allegedly at the urging of his counsel, in four different cases, to attempted second-degree murder, grandtheft, two counts of armed robbery, and three counts of possession of firearm. Ginebra, a Mariel refugee, claims that his attorney failed to inform him, prior to entering his pleas, that guilty pleas might result in deportation proceedings against him, and due to this ineffective assistance of counsel, his pleas were entered involuntarily. This court has previously held that these may be valid claims if, in fact, Ginebra's attorney did fail to so advise him and the conviction actually leads to deportation. Martinez v. State,475 So.2d 1292 (Fla. 3d DCA 1985); Edwards v. State,393 So.2d 597 (Fla. 3d DCA), review denied,402 So.2d 613 (Fla. 1981).

¶7The trial court summarily denied Ginebra's motion for legal insufficiency, without attaching those portions of the file or record which conclusively demonstrate that Ginebra is entitled to no relief. This was error. See Owens v. States,463 So.2d 408 (Fla. 3d DCA 1985). Accordingly, we

¶8Reverse and remand for further proceedings in accordance with Edwards and Rule 3.850.

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