STATE v. SINCLAIR

No. 3D07-1169.

995 So.2d 621 (2008)

The STATE of Florida, Appellant, v. Lawrence SINCLAIR, a/k/a Carlos Echevarria, Appellee.

District Court of Appeal of Florida, Third District.

December 10, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Timothy R.M. Thomas and Angel Fleming, Assistant Attorneys General, for appellant.

Julio Padilla, Miami, for appellee.

Before SHEPHERD, ROTHENBERG and LAGOA, JJ.


LAGOA, J.

The State of Florida appeals from the trial court's summary grant of defendant's post-conviction motion to vacate his plea. Because we conclude that the defendant, Lawrence Sinclair a/k/a Carlos Echevarria ("defendant"), was not subject to deportation based solely on the plea at issue, we reverse.1

On or about December 30, 1992, defendant was admitted into the United States from Nicaragua on a student visa. In April of...

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