DIANE BERGERON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Maykel Avila, 43 So. 3d 936 (Fla. 3d DCA 2010)
  …2006) (“[T]he defendant must state in the rule 3.850 motion how he or she will prove that the immigration warning was not given.... Absent conclusive evidence of a violation, the trial court has discretion to deny relief.”). See also Buton v. State, 995 So. 2d 1130 (Fla. 4th DCA 2008) (holding that the trial court has discretion to deny a motion to vacate based on lack of deportation warning where there is no conclusive evidence because the transcript is unavailable, and the notes have been destroyed). In Stat…
• Jackson v. State, 112 So. 3d 591 (Fla. 4th DCA 2013)
  …CA 1999)). Further, appellant fails to establish that his plea in this case is the sole basis for his deportation. Charles v. State, 96 So. 3d 1050, 1050 (Fla. 4th DCA 2012); Forrest v. State, 988 So. 2d 38, 40 (Fla. 4th DCA 2008); Buton v. State, 995 So. 2d 1130, 1132 (Fla. 4th DCA 2008). The notice to appear for removal lists various other unrelated offenses in separate cases as bases for appellant’s removal. Affirmed. MAY, C.J., GROSS and DAMOORGIAN, JJ„ concur.…
• Charles v. State, 96 So. 3d 1050 (Fla. 4th DCA 2012)
  …he has other convictions which have been used to initiate deportation proceedings against him. He has not shown that he is removable based solely on the plea in this case. See Forrest v. State, 988 So. 2d 38, 40 (Fla. 4th DCA 2008); Buton v. State, 995 So. 2d 1130, 1132 (Fla. 4th DCA 2008). Finally, appellant has not alleged that the court did not give the standard deportation warning provided for by Florida Rule of Criminal Procedure 3.172(e)(8) which would cure the potential prejudice. Flores v. State, 57 S…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)