Chris Jamal Wallace appeals the order denying his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief following an evidentiary hearing. Wallace raises two issues on appeal: the trial court's determination that his motion was untimely and the alternative finding that he established neither deficient performance nor prejudice necessary to prevail on his claim of ineffective assistance of counsel. We affirm.
In 2006, Wallace, a Nigerian national, pled guilty to actual or constructive possession of more than twenty grams of cannabis, a third-degree felony, and use or possession of drug paraphernalia, a first-degree misdemeanor.
In September 2016, the federal government rejected Wallace's green card application and initiated removal proceedings because of his 2006 plea. Wallace moved for postconviction relief in January 2017, alleging that he received misadvice from his court-appointed counsel regarding the immigration consequences of his plea. He argued that his motion was timely because he filed it within two years of the initiation of removal proceedings. The State disagreed, contending that Wallace was required to file his motion within two years of his judgment becoming final. The postconviction *391court ordered an evidentiary hearing.
At the hearing, Wallace testified that in 2006, he informed his counsel about his immigration status, and his counsel assured him that a withholding of adjudication would not affect his status. Wallace stated that he would not have entered a plea if he knew that it could affect his status and that he would have gone to trial instead. He also testified that he entered the plea to be able to take care of his child. Wallace represented that the first time he became aware of the negative consequence of his plea was in 2016 when the federal government began removal proceedings. Wallace's former counsel, who had twenty-five years of experience, testified that while he had no independent recollection of Wallace or his case, he would not have told a client that a plea and withholding of adjudication would have no immigration consequences.
The postconviction court denied Wallace's motion, finding that it was untimely pursuant to Gomez v. State,
The postconviction court did not err in finding that Wallace's motion was untimely. Rule 3.850 provides that a defendant must file a motion for postconviction relief within two years of the judgment and sentence becoming final. Fla. R. Crim. P. 3.850(b). Wallace contends that his motion was timely pursuant to State v. Johnson,
However, the Third District decided Johnson and Rodriguez prior to State v. Green,
[I]t is the fact that the plea subjects the defendant to deportation, rather than a specific threat of deportation, that establishes prejudice .... Whether the plea subjects the defendant to deportation is an existent fact on the date of the plea which is either known or ascertainable by the defendant.
Here, it is undisputed that Wallace filed his motion for postconviction relief well *392beyond the two-year limitation of Rule 3.850(b). Under Green, Wallace needed to allege and prove that he could not have ascertained the immigration consequences of his plea during the two-year period after his judgment became final with the exercise of due diligence. See
As to the merits of Wallace's claim, we find that competent, substantial evidence supports the court's findings that Wallace did not establish ineffective assistance of counsel. See Blanco v. State,
AFFIRMED.
BERGER and EDWARDS, JJ., concur.
Sections 893.13(6)(a) and 893.147(1), Florida Statutes (2006), respectively.
The effectiveness of this language is not raised as an issue in this case. Padilla v. Kentucky,
The Honorable Frank N. Kaney originally presided over Wallace's judgment and sentence, while the Honorable Keith A. Carsten presided over Wallace's postconviction proceedings.