Menchaca-Ramirez v. State, 40 Fla. L. Weekly D13a (12/17/14)
Dec 17, 2014OUTCOME: Defendent's appeal granted
VOLUNTARINESS OF PLEA-DEPORTATION: Prejudice resulting from trial counsel's failure to advise defendant of truly clear deportation consequence was not cured by language in plea colloquy in which court ... informed defendant, "if you are not a United States citizen, this plea would subject you to deportation." Concurrence: "This is an unfortunate case. . . Menchaca-Ramirez is nearly fifty-nine years old and came to this country from Mexico as a teenager. . .These charges . . . are minor criminal offenses. . . If the trial court and the lawyers had appreciated that a sentence of fourteen months' incarceration would subject this man to deportation, it seems highly unlikely that he would have received this sentence. Menchaca-Ramirez v. State, 40 Fla. L. Weekly D13a (12/17/14)
