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May 8, 2012
Claudia Vergara Castano v. State of Florida
Ms. Castano pled guilty to child neglect when a child wandered away from her home day care center. She was sentenced to one day in jail and three years of probation. She later tried to have the judgment vacated, arguing her attorney had not told her the guilty plea would trigger mandatory deportation. The trial court denied the motion and the Fifth District Court of Appeal upheld that ruling. The 5th DCA also certified conflict with decisions by the Third District Court of Appeal and asked this Court to decide about the applicability of a 2010 U.S. Supreme Court decision in a similar case out of Kentucky.