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992 So. 2d 915

Docket No. 4D07-5092.

Brown v. State

Gwendolyn BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 29, 2008.

District Court of Appeal of Florida · decided 2008-10-29

Cited by 2 later decisions — most recently February 2009

2 state decisions

Relies on Spera v. State · 944 So. 2d 208 - State v. Green · Forrest v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2008-10-29

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¶1*916 Robert G. Amsel of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A., Miami, for appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4The trial court's order denying appellant's rule 3.850 motion is reversed and remanded for further proceedings. Appellant's motion was timely filed within the two-year window provided for by State v. Green, 944 So.2d 208 (Fla.2006), and was not conclusively refuted by the trial court's record attachments. To the extent the trial court concluded the motion failed to allege that the plea in this case was the sole basis for deportation, the court should have afforded appellant at least one opportunity to amend her motion to state a sufficient claim. See Forrest v. State, 988 So.2d 38 (Fla. 4th DCA 2008); Spera v. State, 971 So.2d 754 (Fla.2007). We remand for the trial court to give the appellant one opportunity to amend her motion to properly allege that the plea in this case alone subjects her to deportation.

¶5Reversed and Remanded.

¶6KLEIN, HAZOURI and MAY, JJ., concur.

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