09-0263 ALFREDO C. CANSECO, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 09-0263

Case Date: 07/17/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ALFREDO C. CANSECO, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 17, 2009.

CASE NO. 1D09-0263

An appeal from the Circuit Court for Gadsden County. Thomas H. Bateman, I I I, Judge. Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Bill McCollum, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, for Appellee. PER CURIAM. We affirm but certify the same issue as certified in State v. Freijo, 987 So. 2d 190 (Fla. 3d DCA 2008), as being one of great public importance. WHETHER A DEFENDANT MAY OBTAIN THE BENEFIT OF A NEW TWO-YEAR WINDOW PERIOD UNDER STATE V. GREEN, 944 So. 2d 208 (Fla. 2006), IF THE CLAIMANT RECEIVED ACTUAL NOTICE OF A DEPORTATION PROCEEDING MORE THAN TWO YEARS BEFORE THE MOTION TO WITHDRAW PLEA? WOLF, WEBSTER, and CLARK, JJ., CONCUR.

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