December 6, 2013 - Court Grants Habeas Motion Under Rule 3.850 Setting Aside Conviction Based on Innefective Assistance of Counsel

December 6, 2013, Florida State Circuit Court grants Mr. Kent's state habeas motion filed under Rule 3.850, Florida Rules of Criminal Procedure, setting aside his client, Alejandro A.'s guilty plea and conviction for possession with intent to distribute cocaine, based on Mr. Kent's argument that Alejandro A.'s trial counsel rendered ineffective assistance of counsel under Padilla v. Kentucky, the Supreme Court decision which held that a criminal defense attorney has a duty to clearly advise the client that his plea and conviction will - not may - but will result in his deportation, if the offense of conviction is an aggravated felony triggering mandatory removal proceedings.  The client barely escaped deportation, being saved only by the Circuit Court's timely writ ad testificandum which Mr. Kent had the court issue to bring Mr. A. from the federal immigration detention center at Krome after he had already been ordered removed in immigration proceedings.