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VALDEZ v. STATE

No. 3D08-2529.

1 So.3d 1167 (2009)

Franklin Manuel VALDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 28, 2009.

Attorney(s) appearing for the Case

Steven P. Befera, for appellant.

Bill McCollum, Attorney General, for appellee.

Before COPE, RAMIREZ, and SALTER, JJ.

SALTER, J.

Franklin Valdez appeals a trial court order denying his 2008 motion to vacate a 1993 plea under Florida Rule of Criminal Procedure 3.850. During the original plea colloquy, the trial court did not provide the "subject to deportation" warning required by Florida Rule of Criminal Procedure 3.172(c)(8). In denying the motion to vacate plea in 2008, the trial court reasoned that the motion was time-barred1 because Valdez had received...

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