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Keywords

trialpleamotiondeportationrespondentguilty plea
trialpleamotiondeportationrespondentguilty plea

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State v. Sallato

Facts

The district court affirmed a trial court's order granting respondent's motion to vacate his guilty plea, relying on its decisions in Ginebra v. State and Edwards v. State. The State of Florida sought review of this decision. The Supreme Court found that it had recently quashed Ginebra and disapproved Edwards, holding that defense counsel was not ineffective for failing to advise a client that a guilty plea could result in deportation. However, the respondent alleged that he asked his counsel whether his plea would jeopardize his chances of becoming a permanent U.S. citizen, to which counsel allegedly replied that there was nothing to worry about, because he would not have a conviction.

The district court affirmed a trial court's order granting respondent's motion to vacate his guilty plea, relying on its decisions in Ginebra v. State and Edwards v. State. The State of Florida sought review of this decision. The Supreme Court found that it had recently quashed Ginebra and disapproved Edwards, holding that defense counsel was not ineffective for failing to advise a client that a guilty plea could result in deportation. However, the respondent alleged that he asked his counsel whether his plea would jeopardize his chances of becoming a permanent U.S. citizen, to which counsel allegedly replied that there was nothing to worry about, because he would not have a conviction.

Issue

Whether the district court erred in affirming the trial court's order granting a motion to vacate the respondent's guilty plea based on alleged positive misadvice from trial counsel.

Whether the district court erred in affirming the trial court's order granting a motion to vacate the respondent's guilty plea based on alleged positive misadvice from trial counsel.

Rule

The court held that defense counsel is not ineffective for failing to advise a client that a guilty plea could result in deportation, a collateral consequence of the plea.

The court held that defense counsel is not ineffective for failing to advise a client that a guilty plea could result in deportation, a collateral consequence of the plea.

Analysis

The court analyzed the facts of the case in light of the rule established in Ginebra and Edwards. It noted that the instant case involved more than a mere failure to advise, as the respondent alleged that he received positive misadvice from his counsel regarding the implications of his guilty plea on his immigration status. The court expressed that it had not previously addressed the legal effect of such positive misadvice, which warranted further examination.

The court analyzed the facts of the case in light of the rule established in Ginebra and Edwards. It noted that the instant case involved more than a mere failure to advise, as the respondent alleged that he received positive misadvice from his counsel regarding the implications of his guilty plea on his immigration status. The court expressed that it had not previously addressed the legal effect of such positive misadvice, which warranted further examination.

Conclusion

The Supreme Court quashed the district court's decision and remanded the case for a determination of whether the respondent was given positive misadvice by trial counsel and the legal ramifications of such advice.

The Supreme Court quashed the district court's decision and remanded the case for a determination of whether the respondent was given positive misadvice by trial counsel and the legal ramifications of such advice.

Who won?

The State of Florida prevailed in the case as the Supreme Court quashed the district court's decision and remanded for further proceedings.

The State of Florida prevailed in the case as the Supreme Court quashed the district court's decision and remanded for further proceedings.

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