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eBook details

• Title: Pena v. State
• Author : Supreme Court of Illinois
• Release Date : January 16, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

On June 4, 2007, appellant, Leonardo Pena, moved to set aside his 1991 plea, pursuant to Florida Rule of Criminal Procedure 3.850 and 3.172(c)(8). Appellant alleged he was never made aware of the immigration consequences of his plea, entered on February 15, 1991, and that his motion was timely filed pursuant to State v. Green, 944 So. 2d 208 (Fla. 2006). The particular facts of this case require us to explain why the motion was not timely. For the reasons explained below, the lower court properly denied relief, albeit for a different reason than given. See Arthur v. Milstein, 949 So. 2d 1163, 1166 (Fla. 4th DCA 2007) (quoting Robertson v. State, 829 So. 2d 901, 906 (Fla. 2002)) ("tipsy coachman doctrine, allows an appellate court to affirm a trial court that reaches the right result, but for the wrong reasons so long as there is any basis which would support the judgment in the record").

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