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PAYNE v. STATE

No. 5D04-2460.

890 So.2d 284 (2004)

Rayon PAYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 19, 2004.

Attorney(s) appearing for the Case

Rayon Payne, Orlando, pro se.

Terrence E. Kehoe of the Law Office of Terrence E. Kehoe, Orlando, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, for Appellee.

TORPY, J.

Appellant challenges the summary denial of his motion for post-conviction relief wherein he asserts that his plea was involuntary because he was not informed that deportation was a possible consequence of his plea. The trial court denied the motion without prejudice. We reverse and remand for an evidentiary hearing.

In Case No. 99-7826, Appellant pled nolo contendere to possession of counterfeit...

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