final until disposition of timely filed motion for rehearing.
Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)
from the Circuit Court for Miami-Dade County No. 94-31056B,
Charles K. Johnson, Judge.
Tamayo LLC and Pablo Tamayo, for appellant.
Jo Bondi, Attorney General, and Sandra Lipman, Assistant
Attorney General, for appellee.
EMAS, LOGUE and LINDSEY, JJ.
Jules appeals from an order denying his motion for
postconviction relief following an evidentiary hearing. Jules
claimed in his motion that the trial court's failure to
advise him of possible immigration consequences rendered his
plea involuntary, entitling him to withdraw his plea. For the
reasons that follow, we hold that Jules' claim is
AND PROCEDURAL HISTORY
relevant factual allegations, with one notable exception,
not in dispute:
was a citizen of Haiti living in Miami, Florida. In 1993,
Jules obtained legal permanent resident status.
September 1994, Jules was arrested and was subsequently
charged with seven crimes: three counts of attempted
first-degree murder; one count of armed burglary; one count
of burglary with an assault or battery; one count of armed
robbery; and one count of strongarm robbery.
April 1995, Jules entered a negotiated plea of guilty to all
seven charges. In exchange for his guilty plea, he was
sentenced to ten years' state prison on each count, all
sentences to run concurrently.
served his sentence and was released from prison in January
2001. No immigration detainer or hold was placed on him
preventing his release from prison following the completion
of his sentence. In 2003 and 2014, Jules was approved for the
renewal of his legal permanent resident status to remain in
the United States. In 2008 and 2009 Jules traveled to and
from the Bahamas and returned to the United States without
incident. In June 2015, Jules traveled to Turks and Caicos
and, upon his return into the United States, he was detained