Dobi v. State
Dobi v. State
Opinion of the Court
This is the second appeal concerning Zoltán Dobi’s 3.850 motion for post-conviction relief, filed in Seminole County Circuit Court Case Nos. 96-2473 and 96-2867. Dobi’s 3.850 motion, filed July 13, 2000, raised several grounds, including that the trial court failed to inform him of the immigration consequences of his plea, one being the possibility of deportation. See Fla. R.Crim. P. 3.172(c)(8). The trial court denied the entire 3.850 motion as untimely. This court, relying on Peart v. State, 756 So.2d 42 (Fla. 2000), reversed the order denying relief as to this issue concerning the incomplete plea colloquy, and remanded for the trial court to either attach records refuting the claim or hold an eviden-tiary hearing.
In Peart v. State, the supreme court held that a defendant who learned of the threat of deportation prior to April 13, 2000 (the filing date of the Peart decision), would have two years from that date in which to file a Rule 3.850 motion. Peart, 756 So.2d at 46. The trial court misread Peart v. State, so the denial of Dobi’s 3.850 motion must again be reversed, and the case remanded. The trial court is directed to comply with this court’s original deci
REVERSED and REMANDED.
. See Dobi v. State, 771 So.2d 1177 (Fla. 5th DCA 2000). The first Dobi opinion in this case was not published. See Dobi v. State, 771 So.2d 1177 (Fla. 5th DCA 2000) (table).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.