Canseco v. State

District Court of Appeal of Florida

Canseco v. State

12 So. 3d 923, 2009 Fla. App. LEXIS 9812, 2009 WL 2060113

District Court of Appeal of Florida·Decided July 17, 2009·No. 1D09-0263·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm but certify the same issue as certified in State v. Freijo, 987 So.2d 190 (Fla. 3d DCA 2008), as being one of great public importance.

WHETHER A DEFENDANT MAY OBTAIN THE BENEFIT OF A NEW TWO-YEAR WINDOW PERIOD UNDER STATE V. GREEN, 944 So.2d 208 (Fla.2006), IF THE CLAIMANT RECEIVED ACTUAL NOTICE OF A DEPORTATION PROCEEDING MORE THAN TWO YEARS BEFORE THE MOTION TO WITHDRAW PLEA?

WOLF, WEBSTER, and CLARK, JJ., concur.

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PER CURIAM.

We affirm but certify the same issue as certified in State v. Freijo, 987 So.2d 190 (Fla. 3d DCA 2008), as being one of great public importance.

WHETHER A DEFENDANT MAY OBTAIN THE BENEFIT OF A NEW TWO-YEAR WINDOW PERIOD UNDER STATE V. GREEN, 944 So.2d 208 (Fla.2006), IF THE CLAIMANT RECEIVED ACTUAL NOTICE OF A DEPORTATION PROCEEDING MORE THAN TWO YEARS BEFORE THE MOTION TO WITHDRAW PLEA?

WOLF, WEBSTER, and CLARK, JJ., concur.

Canseco v. State, 12 So. 3d 923, 2009 Fla. App. LEXIS 9812, 2009 WL 2060113 (Fla. Ct. App. 2009).

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Opinion

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