Opinion
No. 3D01-1729.
August 29, 2001.
An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Maria Espinosa Dennis, Judge. Lower Tribunal No. 94-16155.
Fisepe Vaval, in proper person.
Robert A. Butterworth, Attorney General, for appellee.
Before JORGENSON, GODERICH, and SORONDO, JJ.
Defendant appeals from the denial of his motion for postconviction relief. We affirm. See Saldana v. State, 786 So.2d 643 (Fla. 3d DCA 2001) ("Advising a defendant that he or she is under investigation is not the same thing as being threatened with deportation."); see also Kindelan v. State, 786 So.2d 599 (Fla. 3d DCA 2001); Rodriguez v. State, 26 Fla. L. Weekly D1809 (Fla. 3d DCA July 25, 2001). This affirmance is without prejudice to defendant refiling his 3.850 motion should the investigation lead to the threat of deportation.