(DOWNLOAD) "Prieto v. State" by A.D. 2002 In the District Court of Appeal of Florida Third District January Term ~ Book PDF Kindle ePub Free
eBook details
- Title: Prieto v. State
- Author : A.D. 2002 In the District Court of Appeal of Florida Third District January Term
- Release Date : January 26, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
On December 7, 1994, the defendant entered into a written plea agreement for twenty years confinement in state prison in response to an indictment that had charged defendant with first degree murder, attempted first degree murder of the same victim one month earlier, and with possession of a firearm during the commission of a felony. In the agreement, the defendant promised to testify truthfully at trials arising from previous assaults on the same victim and cooperate fully with the State in its preparation for those trials. The agreement provided that the State would nolle pross the first degree murder and weapons charges but might reinstate those charges should the defendant fail to comply with the terms of the agreement. It is undisputed that at the time of the entry of the plea and sentence, the defendant had not been advised of the plea's potential immigration consequences. On October 17, 1995, Immigration and Naturalization Service commenced deportation proceedings against the defendant. On November 9, 1995, the defendant filed a pro se motion pursuant to Florida Rules of Criminal Procedure 3.850 challenging his convictions, alleging among other things that his trial counsel had misadvised him concerning the immigration consequences of his plea. Alleging a violation of plea agreement terms, the State filed a motion to enforce the terms of the agreement. Both motions were heard on March 12, 1996. At that hearing, the defendant sought to amend his motion, to also assert that the trial court had failed to warn him of the potential immigration consequences of his plea, a requirement of Florida Rule of Criminal Procedure 3.172(c)(8). The trial court did not address the motion to amend, but denied the defendant's motion to vacate his guilty plea. The trial court then granted the State's motion to vacate the plea agreement, vacated the 20 year sentence on the attempted murder charge, resentenced the defendant to life in prison on that charge, and allowed the State to reinstate the first degree murder charge.