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758 So. 2d 106

758 So.2d 106

25 Fla.L.WeeklySupp. 328

Rubio v. State

Supreme Court of Florida

Decided April 27, 2000

Supreme Court of Florida · decided 2000-04-27

Relies on 405 So. 2d 418 - Jollie v. State · 750 So. 2d 592 - Wood v. State · 756 So. 2d 42 - Peart v. State

Decided 2000-04-27

PER CURIAM.

¶1We have for review Rubio v. State, 706 So.2d 957 (Fla. 3d DCA 1998), which is a per curiam decision citing only to Peart v. State, 705 So.2d 1059 (Fla. 3d DCA 1998). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418, 420 (Fla.1981).

¶2This Court- recently held in Peart v. State, 756 So.2d 42 (Fla.2000), that a petition for writ of error coram nobis was the proper vehicle for raising a claim that a noncustodial defendant was not advised of the immigration consequences of a plea. We emphasize that all such claims filed subsequent to our decision in Wood v. State, 750 So.2d 592 (Fla.1999), must be filed pursuant to a motion under Florida Rule of Criminal Procedure 3.850. See Peart, 756 So.2d at 45. Rubiois quashed as being inconsistent with our decision in Peart.

¶3It is so ordered.

SHAW, ANSTEAD, PARIENTE and LEWIS, JJ., concur.HARDING, C.J., and WELLS and QUINCE, JJ., dissent.
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