ALBERTO LEANDRO CURIEL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant appeals from the denial of his motion for postconviction relief. He argues that he was not informed of the deportation consequences of this plea. See Fla. R.Crim. P. 3.172(c)(8). The State’s answer to this claim is that a defendant claiming such a violation must make a showing that he has been “threatened with deportation resulting from the plea.” See Peart v. State, 756 So. 2d 42, 46 (Fla.2000). Here, defendant received notice that a detainer will be placed on him; the notice does not state why he is subject to being detained. Accordingly, defendant has failed to make the showing necessary for the relief sought. See Vaval v. State, 792 So. 2d 649 (Fla. 3d DCA 2001); Rodriguez v. State, 789 So. 2d 548 (Fla. 3d DCA 2001); Saldana v. State, 786 So. 2d 643 (Fla. 3d DCA 2001) (concluding that advising a defendant that he or she is under investigation is not the same thing as being threatened with deportation); Kindelan v. State, 786 So. 2d 599 (Fla. 3d DCA 2001).
This affirmance is without prejudice to defendant refiling his 3.850 motion should the investigation lead to the threat of deportation.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Owran Green, 944 So. 2d 208 (Fla. 2006)…95 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, § 3(b)(3), Fla. Const. We accepted this case for review to resolve the c…1 / 2
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Owran Green v. State, 895 So. 2d 441 (Fla. 4th DCA 2005)…on of a “threat of deportation.” See Kindelan v. State, 786 So. 2d 599 (Fla. 3d DCA 2001) (holding that the denial of a request to adjust immigration status and a finding that movant was excludable is not a “threat of deportation”); Curiel v. State, 795 So. 2d 180 (Fla. 3d DCA 2001) (placing a detainer on the incarcerated movant was not a “threat of deportation”); Saldana v. State, 786 So. 2d 643 (Fla. 3d DCA 2001) (finding that notice a detainer would be placed on the movant and an investigation into deporta…1 / 2
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State v. Carmona, 827 So. 2d 342 (Fla. 3d DCA 2002)…lish a prima facie case for relief, the defendant must show he is being threatened with deportation resulting from his plea; advising a defendant he is under investigation is not the same thing as being threatened with deportation); Curiel v. State, 795 So. 2d 180, 181 (Fla. 3d DCA 2001)(petition-er’s claim that he received notice a detain-er would be placed on him was insufficient to constitute a prima facie showing he had been “threatened with deportation resulting from the plea” where notice did not state…
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- Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)
- Kindelan v. State, 786 So. 2d 599 (Fla. 3d DCA 2001)
- Saldana v. State, 786 So. 2d 643 (Fla. 3d DCA 2001)
- Vargas v. Cruise Ship Catering & Serv. Caribbean N.V. "CSCS", 789 So. 2d 548 (Fla. 3d DCA 2001)
- Fisepe Vaval v. State, 792 So. 2d 649 (Fla. 3d DCA 2001)