SANGUINETTI MCHUGH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1999-07-07
No. 99-0023
GUNTHER, FARMER and KLEIN, JJ., concur.
734 So. 2d 1205 Florida District Court of Appeal, Fourth District (1999) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court denied appellant’s petition for writ of error coram nobis, even though it was undisputed that appellant had not been advised that his plea of nolo contendere could subject him to deportation. The trial court did so because the plea was entered on May 6, 1993, making it beyond the two year period for filing a petition established in Wood v. State, 698 So. 2d 293 (Fla. 1st DCA 1997). Wood has now been reversed by the Florida Supreme Court, making the appellant’s petition timely. Wood v. State, No. 91,333, — So. 2d -, 1999 WL 334750 (Fla. May 27, 1999). We therefore reverse.

GUNTHER, FARMER and KLEIN, JJ., concur.


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  • Soreliz Ascanio v. State, 754 So. 2d 749 (Fla. 2d DCA 2000)
    …(Fla. 2d DCA 1999). Although we have approached the problem somewhat differently than was done in Knibbs, we believe Knibbs is well-reasoned and its approach is additional authority for the reversal of the order on appeal. See also McHugh v. State, 734 So. 2d 1205 (Fla. 4th DCA 1999); Kalici v. State, 755 So. 2d 680 (Fla. 4th DCA 1999). Having concluded that Ascanio’s petition for writ of error coram nobis was timely filed, we turn to the merits of her claims. The record reflects that the sentencing judge fa…

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