PEREZ v. STATE (2019)

District Court of Appeal of Florida, Third District.

Jose T. PEREZ, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-1914

Decided: August 14, 2019

Before SALTER, FERNANDEZ, and LINDSEY, JJ.

Dennis Gonzalez Jr., P.A., and Dennis Gonzalez, Jr., Miami, for appellant. Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

Affirmed. See State v. Lorenzo, 271 So. 3d 77, 78 (Fla. 3d DCA 2019) (“[T]he defendant must satisfy the requirement in rule 3.850(b)(1) by alleging and proving that the fact that the plea subjected the defendant to deportation could not have been ascertained during the two-year period with the exercise of due diligence. It will not be enough to allege that the defendant learned of the possibility of deportation only upon the commencement of deportation proceedings after the two-year limitations period has expired. The requirement of due diligence compels the defendant to allege and prove that affirmative steps were taken in an attempt to discover the effect of the plea on his or her residency status.” (quoting State v. Green, 944 So. 2d 208, 218 (Fla. 2006))).

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network