NOT FINAL UNTIL TIME EXPIRES FOR REHEARING
AND, IF FILED, DETERMINED
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
ALEXANDRA GOULD VANLINDER
Appeal No. CRC 05-18 APANO
Opinion filed _______________________.
Appeal from a decision of the Pinellas County Court
County Judge Paul Levine
Frank McDermott, Esq.
Attorney for appellant
Kristen Howatt, Esq.
Assistant State Attorney
ORDER AND OPINION
MATTER is before the Court on the appellant, Alexandra Vanlinder’s, appeal from
a decision of the Pinellas County Court denying her motion for post-conviction
relief. This matter was stayed for some time pending a decision from the
Florida Supreme Court in the case of State v. Green, 944 So.2d 298 (Fla.
2006). The Green decision has been rendered, and the appellant filed a
Notice of Supplemental Authority informing this Court of the decision. In
addition, the appellant filed a second Notice of Supplemental Authority
informing this Court of the case of Gaston v. State, 32
This Court has reviewed both decisions, and finds that they require the reversal of the trial court’s order. The appellant was attempting to withdraw her plea to a criminal charge because she claims she was not informed about the possible immigration consequences of the plea. The trial court denied the appellant’s motion on procedural grounds because deportation proceedings were not imminent. A review of the two new cases, however, reveals that deportation proceedings do not have to be imminent. It is now sufficient for a defendant to proceed if it is possible that deportation proceedings might be instituted because of the plea. Obviously, the trial court did not have the benefit of these two new cases. Since there is now no longer the requirement that deportation proceedings be imminent before a defendant can bring a motion to set aside a previous plea, this particular procedural bar to the appellant has been removed. Accordingly, the order denying the motion for post-conviction relief is reversed.
IT IS THEREFORE ORDERED that the Order Denying Defendant’s Motion for Post Conviction Relief is reversed, and this matter is remanded to the trial court so that the defendant may proceed with her motion for post-conviction relief.
AND ORDERED in Chambers at
Linda Allan R. Timothy Peters
Circuit Judge Circuit Judge
John A. Schaefer
cc: State Attorney
Frank McDermott, Esq.