PEART v. STATE

Nos. 97-2229, 96-2432, 96-961, 96-1205, 95-3248 and 97-565.

705 So.2d 1059 (1998)

Roan PEART, Appellant, v. The STATE of Florida, Appellee. Jorge PRIETO, Appellant, v. The STATE of Florida, Appellee. The STATE of Florida, Appellant, v. Andrew Moses EVANS, Appellee. Jose JIMENEZ, Appellant, v. The STATE of Florida, Appellee. Victor William ROSS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 18, 1998.


Attorney(s) appearing for the Case

Robbins, Tunkey, Ross, Amsel, Raben & Waxman, and Benjamin S. Waxman; Bennett H. Brummer, Public Defender, and Julie Levitt, Assistant Public Defender; Jerold E. Reichler; Ana M. Jhones; Arthur E. Marchetta, Jr.; Bill Clay and Leonard Cooperman, for Roan Peart, Jorge Prieto, Andrew Evans Moses, Jose Jimenez, and Victor William Ross.

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for State.

Before SCHWARTZ, C.J., and NESBITT, JORGENSON, COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN and SORONDO, JJ.


ON HEARING EN BANC AND REHEARING EN BANC

SHEVIN, Judge.

These appeals have been consolidated for en banc and rehearing en banc consideration because they raise the common issue of whether coram nobis or post-conviction relief is available to attack a conviction based on the trial court's failure to apprise defendants of the deportation consequences of their pleas pursuant to Florida Rule of Criminal Procedure 3.172(c)(8). We hold that the traditional...

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