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RUIZ v. STATE

No. 3D08-631.

18 So.3d 660 (2009)

Marlon Antonio RUIZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 9, 2009.

Attorney(s) appearing for the Case

Law Offices of Eduardo Soto, P.A., and Kate Walling, Karina Acevedo, and Karla Lammers, for appellant.

Bill McCollum, Attorney General, and Timothy R.M. Thomas, for appellee.

Before RAMIREZ, C.J., and GERSTEN, J., and SCHWARTZ, Senior Judge.

On Motion for Rehearing

SCHWARTZ, Senior Judge.

Ruiz's motion for rehearing of the per curiam affirmance of the denial of his Peart 3.850 motion is itself denied because (1) he did not carry his burden of establishing that the arguably invalid conviction challenged in this proceeding was the sole cause of his potential deportation, see Prieto v. State, 824 So.2d 924 (Fla. 3d DCA 2002), review denied...

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