STATE v. GASTON

No. 3D04-2326.

911 So.2d 257 (2005)

The STATE of Florida, Appellant, v. Mario GASTON, Appellee.

District Court of Appeal of Florida, Third District.

September 28, 2005.


Attorney(s) appearing for the Case

Charles J. Crist, Attorney General, Tallahassee, and Jill K. Traina, Assistant Attorney General, Miami, for appellant.

Jerrard B. Cutrone, Miami, for appellee.

Before RAMIREZ, WELLS, and CORTIÑAS, JJ.


WELLS, J.

The State of Florida appeals from an order permitting Mario F. Gaston to withdraw a plea entered over ten years ago based on Gaston's claim that he was not advised that his plea might subject him to deportation. Because Gaston failed to make a prima facie case for relief, we reverse.

In 1994, Gaston pled guilty to a single charge of carrying a concealed firearm. Adjudication was withheld and Gaston was placed on probation for three months...

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