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Jules v. State

Florida Court of Appeals, Third District

November 29, 2017

John Jules, Appellant,
v.
The State of Florida, Appellee.

         Not final until disposition of timely filed motion for rehearing.

         An 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.

          Geller Tamayo LLC and Pablo Tamayo, for appellant.

          Pamela Jo Bondi, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

          Before EMAS, LOGUE and LINDSEY, JJ.

          EMAS, J.

         INTRODUCTION

         John 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 time-barred.

         FACTS AND PROCEDURAL HISTORY

         The relevant factual allegations, with one notable exception, [1] are not in dispute:

         Jules was a citizen of Haiti living in Miami, Florida. In 1993, Jules obtained legal permanent resident status.

         In 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.

         In 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.

         Jules 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.[2] 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 by ...


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