State v. Fundora

State v. Fundora, 513 So. 2d 122 (Fla. 1987)

Court: Supreme Court of Florida · State Highest Courts
Decided: September 24, 1987
Docket: No. 70150
Judges: Ehrlich
Citations: 513 So. 2d 12212 Fla. L. Weekly 499

Cited by 7 2 descriptions by later courts

Opinion

513 So.2d 122 (1987)

STATE of Florida, Petitioner,

Gerardo FUNDORA, Respondent.

No. 70150.

Supreme Court of Florida.

September 24, 1987.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., Miami, for petitioner.

Michael E. Allen, Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

EHRLICH, Justice.

We have for review Fundora v. State, 508 So.2d 1250 (Fla. 3d DCA 1987), because of conflict with our recent decision in State v. Ginebra, 511 So.2d 960 (Fla. 1987). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and quash the decision below.

Relying on its decisions in Ginebra v. State, 498 So.2d 467 (Fla. 3d DCA 1986), and Edwards v. State, 393 So.2d 597 (Fla. 3d DCA 1981), the district court below reversed the trial court's summary denial of Fundora's Florida Rule of Criminal Procedure 3.850 motion, finding that "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." 508 So.2d at 1250 (citations omitted). In State v. Ginebra , we recently quashed the third district's decision in that case and expressly disapproved its reasoning in Edwards , holding that "counsel's failure to advise his client of the collateral consequence of deportation does not constitute ineffective assistance of counsel." 511 So.2d at 962 .

The trial court's summary denial of Fundora's 3.850 motion was proper under our holding in Ginebra. Accordingly, we quash the decision below and remand for proceedings consistent with this opinion.

It is so ordered.

McDONALD, C.J., and OVERTON, SHAW, BARKETT and GRIMES, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(immigration consequences are collateral to a plea and thus, ineffective assistance of counsel cannot be based on immigration consequences)

Marriott v. State, 605 So. 2d 985 (Fla. Dist. Ct. App. 1992)
(defense counsel's failure to inform defendant of possible deportation is not ineffective assistance of counsel because deportation is only a "collateral consequence" of the plea)

Bermudez v. State, 603 So. 2d 657 (Fla. Dist. Ct. App. 1992)

Cited by 7 cases

View all citing references →

Relies on it most ⓘ

Marriott v. State605 So. 2d 985 (Fla. Dist. Ct. App. 1992)
Dugart v. State578 So. 2d 789 (Fla. Dist. Ct. App. 1991)
Marriott v. State582 So. 2d 728 (Fla. Dist. Ct. App. 1991)
Heuring v. State513 So. 2d 122 (Fla. 1987)
Bermudez v. State603 So. 2d 657 (Fla. Dist. Ct. App. 1992)
State v. Vera766 P.2d 110 (Ariz. Ct. App. 1988)

Most recent

Marriott v. State605 So. 2d 985 (Fla. Dist. Ct. App. 1992)
Bermudez v. State603 So. 2d 657 (Fla. Dist. Ct. App. 1992)
Lemus v. State585 So. 2d 388 (Fla. Dist. Ct. App. 1991)
Marriott v. State582 So. 2d 728 (Fla. Dist. Ct. App. 1991)
Dugart v. State578 So. 2d 789 (Fla. Dist. Ct. App. 1991)
State v. Vera766 P.2d 110 (Ariz. Ct. App. 1988)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	State v. Ginebra, 511 So. 2d 960 (Fla. 1987)	81
	Edwards v. State, 393 So. 2d 597 (Fla. Dist. Ct. App. 1981)	47
	Fundora v. State, 508 So. 2d 1250 (Fla. Dist. Ct. App. 1987)	1
	Heuring v. State, 513 So. 2d 122 (Fla. 1987)	140
	Ginebra v. State, 498 So. 2d 467 (Fla. Dist. Ct. App. 1986)	9

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list