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Rodriguez v. StateRodriguez v. State

District Court of Appeal of Florida
Jul 25, 2001
3D01-1364
Versions:789 So. 2d 548
2001 WL 830652

PER CURIAM.

We affirm the order denying defendant‘s post-conviction relief motion because, under Saldana v. State, 786 So.2d 643 (Fla. 3d DCA 2001), an immigration notice that investigation into the possibility of deportation has commenced is insufficient to warrant affording a defendant relief under Peart v. State, 756 So.2d 42 (Fla.2000). Hence, defendant‘s motion is insufficient under Peart. Perez v. Moore, 767 So.2d 1170 (Fla.2000). This affirmance is without prejudice to defendant refiling his post-conviction relief motion if the immigration investigation into deporting him should come to fruition.

Affirmed without prejudice.

Case Details

Case Name: Rodriguez v. State
Court Name: District Court of Appeal of Florida
Date Published: Jul 25, 2001
Citations: 789 So. 2d 548; 2001 WL 830652; 3D01-1364
Docket Number: 3D01-1364
Court Abbreviation: Fla. Dist. Ct. App.
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