Garrett v. State

759 So. 2d 752, 2000 Fla. App. LEXIS 7246, 2000 WL 768070
District Court of Appeal of Florida·Decided June 14, 2000·No. No. 4D99-2269·Published

Opinion

PER CURIAM.

Because the trial court did not have the benefit of the supreme court’s recent ruling in Peart v. State, 756 So.2d 42 (Fla.2000), it summarily denied appellant’s Petition for Writ of Coram Nobis on his 1994 conviction, as untimely. Appellant sought review based on his claimed recent discovery of adverse INS proceedings (deportation), alleging the trial court did not advise him of the possibility of such consequences. Under Peart, the petition is timely, and so we reverse and remand for further hearing.

POLEN, FARMER and GROSS, JJ., concur.

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Garrett v. State, 759 So. 2d 752, 2000 Fla. App. LEXIS 7246, 2000 WL 768070 (Fla. Ct. App. 2000).

759 So. 2d 752 (Garrett v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Peart v. State
756 So. 2d 42 (Supreme Court of Florida, 2000)