Florida District Courts of Appeal, 2005

State v. Gardener

Florida District Courts of Appeal · Decided April 6, 2005 · Fletcher, Gersten, Green

898 So. 2d 1184; 2005 Fla. App. LEXIS 4629; 2005 WL 767003 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Malary v. BRINKER INTERNATIONAL PAYROLL (Fla. Dist. Ct. App. 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The State of Florida appeals an order granting defendant’s motion to vacate plea and conviction. We reverse the order because the transcript of the plea colloquy in question demonstrates that the defendant was properly advised of the immigration consequences of his plea. See Peart v. State, 756 So.2d 42 (Fla. 2000); Labady v. State, 783 So.2d 275 (Fla. 3d DCA 2001). There was no legal basis for granting defendant’s motion.

Reversed and remanded.

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