JOSE T. PEREZ,
v.
THE STATE OF FLORIDA,

Fla. 3d DCA | 2019-08-14
No. 18-1914
Florida District Court of Appeal, Third District (2019)

Per_curiam
Per Curiam

PER CURIAM.

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))).


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