Van Tuyn v. State

Supreme Court of Florida

Van Tuyn v. State

757 So. 2d 1213, 25 Fla. L. Weekly Supp. 329, 2000 Fla. LEXIS 796, 2000 WL 488457

CourtSupreme Court of Florida

DecidedApril 27, 2000

DocketNo. SC95975

StatusPublished

This text of 757 So. 2d 1213 (Van Tuyn v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Van Tuyn v. State, 757 So. 2d 1213, 25 Fla. L. Weekly Supp. 329, 2000 Fla. LEXIS 796, 2000 WL 488457 (Fla. 2000).

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Opinion

PER CURIAM.

We have for review Van Tuyn v. State, 736 So.2d 71 (Fla. 3d DCA 1999), which is a per curiam decision relying solely on Peart v. State, 705 So.2d 1059 (Fla. 3d DCA 1998), and which certified conflict with Gregersen v. State, 714 So.2d 1195 (Fla. 4th DCA 1998). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

This Court recently held in Peart v. State, 756 So.2d 42 (Fla.2000), that a petition for writ of error coram nobis was the proper vehicle for raising a claim that a noncustodial defendant was not advised of the immigration consequences of a plea. We emphasize that all such claims filed subsequent to our decision in Wood v. State, 750 So.2d 592 (Fla.1999), must be filed pursuant to a motion under Florida Rule of Criminal Procedure 3.850. See Peart, 756 So.2d at 45. Van Tuyn is quashed as being inconsistent with our decision in Peart.

It is so ordered.

SHAW, ANSTEAD, PARIENTE and LEWIS, JJ., concur. HARDING, C.J., and WELLS and QUINCE, JJ., dissent.

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PER CURIAM.

We have for review Van Tuyn v. State, 736 So.2d 71 (Fla. 3d DCA 1999), which is a per curiam decision relying solely on Peart v. State, 705 So.2d 1059 (Fla. 3d DCA 1998), and which certified conflict with Gregersen v. State, 714 So.2d 1195 (Fla. 4th DCA 1998). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

This Court recently held in Peart v. State, 756 So.2d 42 (Fla.2000), that a petition for writ of error coram nobis was the proper vehicle for raising a claim that a noncustodial defendant was not advised of the immigration consequences of a plea. We emphasize that all such claims filed subsequent to our decision in Wood v. State, 750 So.2d 592 (Fla.1999), must be filed pursuant to a motion under Florida Rule of Criminal Procedure 3.850. See Peart, 756 So.2d at 45. Van Tuyn is quashed as being inconsistent with our decision in Peart.

It is so ordered.

SHAW, ANSTEAD, PARIENTE and LEWIS, JJ., concur. HARDING, C.J., and WELLS and QUINCE, JJ., dissent.

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Bluebook (online)

757 So. 2d 1213, 25 Fla. L. Weekly Supp. 329, 2000 Fla. LEXIS 796, 2000 WL 488457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-tuyn-v-state-fla-2000.

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