Mr. Hernandez, a native Nicaraguan and lawful permanent resident of the U.S., pled guilty to a drug charge. The judge withheld adjudication of guilt and sentenced him to probation. Mr. Hernandez later tried to have his plea vacated. He argued his attorney had not advised him that a guilty plea would trigger mandatory deportation. The trial court denied his motion. The Third District Court of Appeal upheld that ruling but also asked this Court to decide about the applicability of a 2010 U.S. Supreme Court decision in a similar case out of Kentucky.