Opinion
No. SC96173.
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. 4D98-0729 (Broward County).
Robert A. Butterworth, Attorney General, Delia Terenzio, Bureau Chief, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, Florida, for Petitioner.
H. Dohn Williams, Jr., Fort Lauderdale, Florida, for Respondent.
We have for review State v. Luders, 731 So.2d 163 (Fla. 4th DCA 1999), modified, No. 98-00729 (July 7, 1999) (unpublished order certifying conflict with Peart v. State, 705 So.2d 1059 (Fla. 3d DCA 1998)). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
This Court recently held in Peart v. State, 25 Fla. L. Weekly S271 (Fla. Apr. 13, 2000), that a defendant may seek postconviction relief if he or she 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. Luders is approved as being consistent with our decision in Peart.
It is so ordered.
SHAW, ANSTEAD, PARIENTE and LEWIS, JJ., concur.
HARDING, C.J., and WELLS and QUINCE, JJ., dissent.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED.