Fundora v. State

District Court of Appeal of Florida

Decided February 24, 1987

District Court of Appeal of Florida · decided 1987-02-24

Cited by 1 later decisions — most recently September 1987

1 state decisions

Key passage — most relied on by later courts

“1) appellant's contentions, that his counsel was ineffective in failing to inform Fundora of the possibility of deportation as a result of his guilty plea and that his pleas were made involuntary as a result of this lack of information, are valid grounds for collateral relief from his guilty pleas ... and 2) appellant sufficiently alleges facts which, if proven, would support his prayer for relief.”

quoted by 1 later decision, including 513 So. 2d 122 - State v. Fundora

Relies on Edwards v. State · 498 So. 2d 467 - Ginebra v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-02-24

View the full empirical analysis of this case →

PER CURIAM.

¶1Fundora appeals from the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. We find that 1) appellant’s contentions, that his counsel was ineffective in failing to inform Fundo-ra of the possibility of deportation as a result of his guilty plea and that his pleas were made involuntary as a result of this lack of information, are valid grounds for collateral relief from his guilty pleas, see Ginebra v. State, 498 So.2d 467 (Fla. 3d DCA 1986); Edwards v. State, 393 So.2d 597 (Fla. 3d DCA 1981), and 2) appellant sufficiently alleges facts which, if proven, would support his prayer for relief. Since the trial court failed to attach those portions of the record which would demonstrate that Fundora is not entitled to relief, we

¶2Reverse and remand for further proceedings in accordance with Ginebra, Edwards, and Rule 3.850.