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FONTALVO v. STATE

No. 3D09-1228.

22 So.3d 829 (2009)

Jaime FONTALVO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 25, 2009.

Attorney(s) appearing for the Case

Nicolas A. Olano, Miami, for appellant.

Bill McCollum, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellee.

Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

The defendant's Rule 3.850 motion to withdraw his plea on the ground that its deportation consequences had not been adequately explained was denied after an evidentiary hearing, on the ground, citing Kindelan v. State, 826 So.2d 1004 (Fla. 3d DCA 2001), that as a legal permanent resident he was not subject to deportation and thus was unqualified for relief under State v. Green,

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