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GREEN v. STATE

No. 4D04-1584.

895 So.2d 441 (2005)

Owran GREEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 23, 2005.

Attorney(s) appearing for the Case

Michael B. Cohen, Fort Lauderdale, for appellant.

No appearance required for appellee.

FARMER, C.J.

In taking defendant's plea several years ago, the Judge demonstrably failed to advise him of the immigration consequences of a conviction.1 The trial court denied defendant's recent motion to withdraw the plea on account of that failure, agreeing with the State that because deportation proceedings have not yet been begun he has failed to show prejudice from the omission. We reverse for an evidentiary hearing.

In an...

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