Vega v. State
2016 Fla. App. LEXIS 16675
| Fla. Dist. Ct. App. | 2016Background
- In 1997 Vega pled guilty to lewd and lascivious acts with a 14‑year‑old; the court withheld adjudication and placed him on one year community control and four years probation.
- Section 943.0435 (sexual offender registration) became effective Oct 1, 1997 — after Vega’s plea but before he completed supervision.
- Vega completed community control and probation in 2001 and thereafter became subject to registration and reporting under § 943.0435.
- Vega filed a Rule 3.850 motion years later seeking to withdraw his plea, alleging he was not informed registration/reporting would apply and that the designation severely harmed his family and employment.
- The trial court denied the motion as untimely; Vega appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to inform of sexual‑offender registration renders plea involuntary and withdrawable | Vega: not told post‑plea registration/reporting applied; plea involuntary | State: registration is a collateral consequence; failure to advise does not void plea; motion untimely | Registration requirement is a collateral consequence; failure to advise does not render plea involuntary; motion untimely — affirmed |
| Whether Wiita controls to allow withdrawal where statute became effective after plea | Vega: Wiita allowed withdrawal when registration later applied | State: Wiita distinguishable (timeliness, negotiated avoidance of publicity, pre‑Partlow) | Wiita is distinguishable; Partlow controls; no abuse of discretion shown |
| Whether equitable relief or other remedies are available now | Vega: harms from public designation justify relief | State: statutory remedies (petition for removal after statutory waiting period, clemency) are the available avenues | Court notes remedies exist (petition under §943.0435(11) or clemency) but expresses no view on merits |
| Timeliness under Rule 3.850 | Vega: did not timely learn or anticipate registration | State: motion filed long after statutory effective date and after registration applied | Motion is untimely and properly denied |
Key Cases Cited
- State v. Partlow, 840 So.2d 1040 (Fla. 2003) (holding sexual‑offender registration is a collateral consequence of a plea)
- Givens v. State, 851 So.2d 813 (Fla. 2d DCA 2003) (holding § 943.0435 may be applied retroactively without violating Ex Post Facto Clause)
- State v. Wiita, 744 So.2d 1232 (Fla. 4th DCA 1999) (permitting plea withdrawal where defendant had relied on plea terms to avoid publicity; distinguishable facts and pre‑Partlow)