03-0091 PERDOMO V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d03-0091

Case Date: 02/19/2003

Plaintiff: 03-0091 PERDOMO

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003
HUMBERTO PERDOMO, **
Appellant,  **
vs.  **  CASE NO.3D03-91
LOWER TRIBUNAL NO.:84-6297
THE STATE OF FLORIDA,  **

Appellee. **
Opinion filed February 19, 2003.
An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit

Court for Dade County, Florida, Scott Silverman, Judge. Alfonso Oviedo-Reyes, for appellant. Charlie Crist, Attorney General, for appellee.
Before COPE and WELLS, JJ., and NESBITT, Senior Judge.
PER CURIAM.
Defendant appeals the order denying his motion for relief under Florida Rule of Criminal Procedure 3.850.  He cites to Peart v. State, 756 So. 2d 42 (Fla. 2000), and claims he is about to be deported based on a 1984 plea, where he was not informed of the immigration consequences of that plea.  As previously observed, post-conviction relief is not available for the failure to advise a defendant of the immigration consequences of entering a plea prior to the time that the court was placed under a duty to render such an advisement. See Orellanes v. State, 790 So. 2d 613 (Fla. 3d DCA 2001); State v. Paniagua, 789 So. 2d 1199 (Fla. 3d DCA 2001).  Here, by defendant

Download 3d03-0091.pdf