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Weekes v. State
Citations: 816 So. 2d 736; 2002 Fla. App. LEXIS 6159; 2002 WL 878313Docket: No. 3D01-1075
Court: District Court of Appeal of Florida; May 8, 2002; Florida; State Appellate Court
Carl Collin Weekes appeals an order denying postconviction relief after entering a plea bargain for multiple offenses. He claims that during his plea hearing on November 2, 1995, the State’s Attorney assured him he would not be deported due to his prior military service. However, in 1999, the Immigration and Naturalization Service (INS) began deportation proceedings against him, aiming to deport him to Barbados. Weekes filed a petition for writ of audita querela, which the trial court correctly treated as a motion for postconviction relief under Florida Rule of Criminal Procedure 8.850. Upon reviewing the plea colloquy, the court found no evidence that the prosecutor assured Weekes he would not face deportation. Instead, the court had explicitly advised Weekes about the potential for deportation if he was not a U.S. citizen, to which Weekes acknowledged his understanding. Consequently, since he was informed of the deportation risks associated with his plea, the trial court's denial of his motion was deemed appropriate. The order is affirmed.