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Perdomo v. State

District Court of Appeal of Florida, Third District
Feb 19, 2003
837 So. 2d 1089 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D03-91.

Opinion filed February 19, 2003.

An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Florida, Scott Silverman, Judge. Lower Tribunal No. 84-6297.

Alfonso Oviedo-Reyes, for appellant.

Charlie Crist, Attorney General, for appellee.

Before COPE and WELLS, JJ., and NESBITT, Senior Judge.


Defendant appeals the order denying his motion for relief under Florida Rule of Criminal Procedure 3.850. He cites to Peart v. State, 756 So.2d 42 (Fla. 2000), and claims he is about to be deported based on a 1984 plea, where he was not informed of the immigration consequences of that plea. As previously observed, post-conviction relief is not available for the failure to advise a defendant of the immigration consequences of entering a plea prior to the time that the court was placed under a duty to render such an advisement. See Orellanes v. State, 790 So.2d 613 (Fla. 3d DCA 2001); State v. Paniagua, 789 So.2d 1199 (Fla. 3d DCA 2001). Here, by defendant's own admission, the plea at issue occurred several years before the rule providing for notification of deportation consequences. Accordingly, the order under review is affirmed.


Summaries of

Perdomo v. State

District Court of Appeal of Florida, Third District
Feb 19, 2003
837 So. 2d 1089 (Fla. Dist. Ct. App. 2003)
Case details for

Perdomo v. State

Case Details

Full title:HUMBERTO PERDOMO, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Feb 19, 2003

Citations

837 So. 2d 1089 (Fla. Dist. Ct. App. 2003)

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