Florida District Courts of Appeal, 2005

State v. Gardener

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)

State v. Gardener

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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