Desouza v. State

Full title: ERICK WAYNE DESOUZA, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jan 2, 2002

802 So. 2d 1184 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D01-3008

Opinion filed January 2, 2002.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Peter R. Lopez, Judge. Lower Tribunal No. 90-39051.

Bolivar C. Porta, for appellant.

Robert A. Butterworth, Attorney General and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.

PER CURIAM.

Because there is no allegation that the defendant has actually been "threatened" with deportation, the dismissal of his Peart-based motion for post-conviction relief without prejudice is affirmed. See Perez v. Moore, 767 So.2d 1170, 1171 (Fla. 2000); Peart v. State, 756 So.2d 42, 47 (Fla. 2000); Rodriguez v. State, 789 So.2d 548 (Fla. 3d DCA 2001).