Opinion
Case No. 4D02-730
Opinion filed September 25, 2002
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. Case No. 98-12327 CFA02.
Carey Haughwout, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Steven R. Parrish, Assistant Attorney General, West Palm Beach, for appellee.
Affirmed without prejudice to file a sworn, legally sufficient motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Peart v. State, 756 So.2d 42, 47 (Fla. 2000);Orduno v. State, 800 So.2d 669, 669 (Fla.2d DCA 2001) ("[Orduno] asserted that the trial court did not advise him of the deportation consequences of his plea as required under Florida Rule of Criminal Procedure 3.172, that he did not know he could be deported if he pleaded no contest, and that he would not have entered the plea if he had known he could be deported. Orduno has stated a facially sufficient claim for relief").
GUNTHER, FARMER and TAYLOR, JJ.,concur.