SC05-687 – State Of Florida v. Owran Green

State: Florida

Docket No: SC05-687

Case Date: 10/26/2006

Preview:Supreme Court of Florida
____________ No. SC05-687 ____________ STATE OF FLORIDA, Petitioner, vs. OWRAN GREEN, Respondent. [October 26, 2006] PARIENTE, J. We have for review Green v. State, 895 So. 2d 441 (Fla. 4th DCA 2005), which is in express and direct conflict with three decisions of the Third District Court of Appeal on the application of our decision in Peart v. State, 756 So. 2d 42 (Fla. 2000). In Peart, we held that in moving to withdraw a guilty or no contest plea on grounds that the trial court did not advise the defendant that the plea could result in deportation, the defendant must demonstrate that he or she has been threatened with deportation because of the plea. See id. at 48. The conflict issue is whether anything "less than the initiation of a deportation proceeding will constitute sufficient prejudice by reason of a `threat of deportation.'" Green, 895

So. 2d at 444 (quoting Peart, 756 So. 2d at 44). In the conflict cases, the Third District ruled that circumstances falling short of initiation of deportation proceedings were insufficient to establish threatened deportation. See Curiel v. State, 795 So. 2d 180, 181 (Fla. 3d DCA 2001); Saldana v. State, 786 So. 2d 643, 645 (Fla. 3d DCA 2001); Kindelan v. State, 786 So. 2d 599, 600 (Fla. 3d DCA 2001). We have jurisdiction. See art. V,

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