¶1Because there is no allegation that the defendant has actually been “threatened” with deportation, the dismissal of his Peart based motion for post-conviction relief without prejudice is affirmed. See Perez v. Moore, 767 So.2d 1170, 1171 (Fla.2000); Peart v. State, 756 So.2d 42, 47 (Fla.2000); Rodriguez v. State, 789 So.2d 548 (Fla. 3d DCA 2001).
802 So. 2d 1184
DeSouza v. State
District Court of Appeal of Florida
Decided January 2, 2002
District Court of Appeal of Florida · decided 2002-01-02
Relies on 756 So. 2d 42 - Peart v. State · Perez v. Moore · Rodriguez v. State
Decided 2002-01-02