March 4, 2013 - 3.850 Motion Granted Based on Failure to Warn of Deportation Consequences

March 4, 2013, Clay County, Florida County Court Judge Richard Townsend granted Mr. Kent's state post conviction motion under Florida Rule of Criminal Proecdure 3.850 and vacated and set aside client M.I.'s plea and conviction for possession of marijuana - which conviction has been the basis of a removal proceeding brought against M.I. by the Department of Homeland Security, Immigration and Customs Enforcement.   The motion was predicated on the failure of the court at the time the plea was taken to adequately warn M.I. of the deportation consequences of his plea.