Opinion
No. 3D04-1961.
April 6, 2005.
An Appeal from the Circuit Court for Miami-Dade County, Jose Rodriguez, Judge.
Charles J. Crist, Jr., Attorney General and Erin Kinney, Assistant Attorney General, for appellant.
Ronald L. Giroux, for appellee.
Before GERSTEN, GREEN, and FLETCHER, JJ.
The State of Florida appeals an order granting defendant's motion to vacate plea and conviction. We reverse the order because the transcript of the plea colloquy in question demonstrates that the defendant was properly advised of the immigration consequences of his plea. See Peart v. State, 756 So.2d 42 (Fla. 2000); Labady v. State, 783 So.2d 275 (Fla. 3d DCA 2001). There was no legal basis for granting defendant's motion.
Reversed and remanded.