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767 So. 2d 451

767 So.2d 451

25 Fla.L.WeeklySupp. 679

State v. Kalici

Supreme Court of Florida

Decided September 7, 2000

Supreme Court of Florida · decided 2000-09-07

Relies on 750 So. 2d 592 - Wood v. State · 756 So. 2d 42 - Peart v. State · 705 So. 2d 1059 - Peart v. State

Decided 2000-09-07

PER CURIAM.

¶1We have for review Kalici v. State, 755 So.2d 680 (Fla. 4th DCA 1999), on the ground of express and direct conflict with Peart v. State, 705 So.2d 1059 (Fla. 3d DCA 1998), quashed 756 So.2d 42 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

¶2We recently held in Peart v. State, 756 So.2d 42 (Fla.2000), that prior to Wood v. State, 750 So.2d 592 (Fla.1999), a noncustodial defendant properly could have sought relief based on a trial court’s failure to advise him or her of the immigration consequences of a plea through a petition for writ of error coram nobis and that defendants have two years from the time they are threatened with deportation to file the pleading. See Peart, 756 So.2d at 46. We emphasize that from Woodforward, claimants should employ a motion pursuant to Florida Rule of Criminal Procedure 3.850 when seeking such relief. We approve the result below since it is consistent with our decision in Peart.

¶3It is so ordered.

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