TRISTRAM v. STATE (2009)

District Court of Appeal of Florida,Fourth District.

David TRISTRAM, Appellant, v. STATE of Florida, Appellee.

No. 4D09-313.

Decided: February 20, 2009

Benjamin S. Waxman and Alan S. Ross of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A., Miami, for appellant. Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.

David Tristram appeals an order summarily denying his rule 3.850 motion for postconviction relief. Having granted his request for expedited review, we reverse and remand. The trial court should have afforded Tristram the opportunity to amend his motion to allege that the plea in this case alone subjects him to deportation. Spera v. State, 971 So.2d 754 (Fla.2007); Brown v. State, 992 So.2d 915 (Fla. 4th DCA 2008); Forrest v. State, 988 So.2d 38 (Fla. 4th DCA 2008).

Reversed and Remanded for further proceedings.

PER CURIAM.

FARMER, MAY and DAMOORGIAN, JJ., concur.

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