87 So. 3d 1263

Eliozer VOLCIMUS, Appellant, v. The STATE of Florida, Appellee.

Nos. 3D12-117, 3D12-110.

District Court of Appeal of Florida, Third District.

May 23, 2012.

*1264Alberto A. Cayetano, for appellant.

Pamela Jo Bondi, Attorney General, and Timothy R.M. Thomas, Assistant Attorney General, for appellee.

Before CORTIÑAS and SALTER, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

The defendant appeals an order denying his post-conviction relief motion. In his motion the defendant argued that he was not afforded effective assistance of trial counsel because his counsel did not adequately warn him of the immigration consequences of his plea, as required by Padilla v. Kentucky, — U.S.—, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010).1 The trial court denied the defendant’s motion relying on Flores v. State, 57 So.3d 218 (Fla. 4th DCA 2010). In its response to the post-conviction motion, the State apparently failed to alert the trial court to this Court’s pronouncement in Hernandez v. State, 61 So.3d 1144 (Fla. 3d DCA 2011), finding conflict with Flores.

On the authority of Hernandez, we reverse the order and remand for an eviden-tiary hearing consistent with that opinion.

Reversed and remanded.

Volcimus v. State
87 So. 3d 1263

Case Details

Name
Volcimus v. State
Decision Date
May 23, 2012
Citations

87 So. 3d 1263

Jurisdiction
Florida

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