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STATE v. DAVID

No. 2D04-1803.

908 So.2d 1188 (2005)

STATE of Florida, Appellant, v. Emmanuel DAVID, Appellee.

District Court of Appeal of Florida, Second District.

August 31, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellee.

CANADY, Judge.

The State appeals the trial court's order granting Emmanuel David's Florida Rule of Criminal Procedure 3.850 motion. David, a foreign national, sought relief pursuant to rule 3.850(a)(5) on the ground that the guilty plea on which his judgment and sentence were based was involuntary because he was not advised—as required by rule 3.172(c)(8)—of the potential deportation consequences of the plea. Because David failed to meet his burden of...

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