JEANDIS ESTIME, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Affirmed without prejudice to file a sworn, legally sufficient motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Peart v. State, 756 So. 2d 42, 47 (Fla.2000); Orduno v. State, 800 So. 2d 669, 669 (Fla. 2d DCA 2001)(“[Orduno] asserted that the trial court did not advise him of the deportation consequences of his plea as required under Florida Rule of Criminal Procedure 3.172, that he did not know he could be deported if he pleaded no contest, and that he would not have entered the plea if he had known he could be deported. Orduno has stated a facially sufficient claim for relief’).
GUNTHER, FARMER and TAYLOR, JJ., concur.
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Demeshio Ward v. State, 861 So. 2d 107 (Fla. 1st DCA 2003)…r Gaskin v. State, 737 So. 2d 509 (Fla.1999), and is not precluded by the appellant’s acquiescence in counsel’s actions at trial. See Evans v. State, 737 So. 2d 1167 (Fla. 2d DCA 1999). The claim is legally sufficient as indicated in Baker v. State, 826 So. 2d 524 (Fla. 4th DCA 2002), and should not have been denied without proper record attachments or an evidentiary hearing. The appealed order is therefore reversed as to the denial of this claim, and affirmed as to the denial of the remaining claims. BARFI…
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Jeandis Estime v. State, 904 So. 2d 634 (Fla. 4th DCA 2005)…oe, 747 So. 2d 931, 934 (Fla.1999). Accordingly, this case is remanded for an evidentiary hearing on appellant’s claims that: (1) counsel was retained to file a sufficient 3.850 motion when this court affirmed without prejudice in Estime v. State, 826 So. 2d 524 (Fla. 4th DCA 2002), but counsel failed to file the motion before appellant was deported; and (2) newly discovered evidence that someone other than appellant may have been arrested for an offense to which appellant pled was unknown and could not hav…
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Cowan v. State (Fla. 5th DCA 2018)…ive and remand for attachment of portions of the record conclusively refuting this claim or for an evidentiary hearing. See Cox v. State, 189 So. 3d 221, 222 (Fla. 2d DCA 2016); Ward v. State, 861 So. 2d 107, 107 (Fla. 1st DCA 2003); Baker v. State, 826 So. 2d 524, 525 (Fla. 4th DCA 2002). We affirm on all other grounds. AFFIRMED in Part, REVERSED in Part, and REMANDED with Instructions. PALMER, BERGER and WALLIS, JJ., concur.…
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- Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)
- Orduno v. State, 800 So. 2d 669 (Fla. 2d DCA 2001)