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Dumenigo v. State

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Alberto Dumenigo, Appellant, v. The State of Florida, Appellee.No. 3D07-3079. District Court of Appeal of Florida, Third District. Opinion filed August 13, 2008. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ellen Sue Venzer, Judge. Lower Tribunal No. 97-1356; 97-13562. Eduardo Soto and Marisabel Cabrera and Karla Lammers, for appellant. Bill McCollum, Attorney General, and Rolando A. Soler, Assistant Attorney General, for Appellee. Before WELLS, ROTHENBERG, and SALTER, JJ. WELLS, Judge. Alberto Dumenigo appeals from an order denying his Rule 3.850 motion to vacate a 1997 plea claiming the plea to have been involuntary for failure to warn of immigration consequences. We affirm. Specifically, the motion to vacate plea, which was not attested to by Dumenigo, mentions no convictions other than the 1997 conviction at issue, and states only that the 1997 conviction “cause[s] Defendant prejudice, notwithstanding any other convictions...continue to full post

Full post as published by Florida Criminal Law Opinions on August 13, 2008 (boomark / email).