Opinion
No. SC93801.
Opinion filed April 27, 2000.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions — Fourth District — No. 4D97-1373 (Palm Beach County).
Robert A. Butterworth, Attorney General, Celia Terenzio, Bureau Chief, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, Florida, for Petitioner.
Neal R. Lewis, Miami, Florida, for Respondent.
We have for review Gregersen v. State, 714 So.2d 1195 (Fla. 4th DCA 1998), which certified conflict with the decision in Peart v. State, 705 So.2d 1059 (Fla. 3d DCA 1998). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.
This Court recently held in Peart v. State, 25 Fla. L. Weekly S271 (Fla. Apr. 13, 2000), that a petition for writ of error coram nobis was the proper vehicle for raising a claim that a noncustodial defendant was not advised of the immigration consequences of a plea. We emphasize that all such claims filed subsequent to our decision in Wood v. State, 750 So.2d 592 (Fla. 1999), must be filed pursuant to a motion under Florida Rule of Criminal Procedure 3.850. See Peart, 25 Fla. L. Weekly at S273.Gregersen is approved as being consistent with our decision inPeart.
It is so ordered.
SHAW, ANSTEAD, PARIENTE and LEWIS, JJ., concur.
HARDING, C.J., and WELLS and QUINCE, JJ., dissent.