STATE v. MORALES

No. 3D02-3246.

862 So.2d 771 (2003)

The STATE of Florida, Appellant, v. Julio A. MORALES, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied January 14, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and John D. Barker, Assistant Attorney General, for appellant.

Ernesto S. Medina, for appellee.

Before LEVY, GREEN, and FLETCHER, JJ.


Rehearing and Rehearing En Banc Denied January 14, 2004.

FLETCHER, Judge.

The State of Florida seeks to reverse an order vacating the judgment of conviction and sentence of Julio A. Morales. We reverse.

In February of 1989, Morales pleaded guilty to possession of cocaine. Morales subsequently moved to withdraw his plea and to vacate the conviction, but because he was not under present threat of deportation, the motion was withdrawn. Morales then voluntarily...

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