Rodriguez v. State

Full title: LUIS C. RODRIGUEZ, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jul 25, 2001

789 So. 2d 548 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 3D01-1364

Opinion filed July 25, 2001.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)from the Circuit Court for Dade County, Manuel Crespo, Judge. Lower Tribunal No. 83-21826.

Luis C. Rodriguez, in proper person. Robert A. Butterworth, Attorney General, and Regine Monestime, Assistant Attorney General, for appellee.

Before JORGENSON, GODERICH and SHEVIN, JJ.

PER CURIAM.

We affirm the order denying defendant's post-conviction relief motion because, under Saldena v. State, 26 Fla. L. Weekly D1419 (Fla. 3d DCA June 6, 2001), an immigration notice that investigation into thepossibility of deportation has commenced is insufficient to warrant affording a defendant relief under Peart v. State, 756 So.2d 42 (Fla. 2000). Hence, defendant's motion is insufficient under Peart. Perez v. Moore, 767 So.2d 1170 (Fla. 2000). This affirmance is without prejudice to defendant refiling his post-conviction relief motion if the immigration investigation into deporting him should come to fruition.

Affirmed without prejudice.