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STATE v. AVILA

No. 3D09-1431.

43 So.3d 936 (2010)

The STATE of Florida, Appellant, v. Maykel AVILA, Appellee.

District Court of Appeal of Florida, Third District.

September 15, 2010.

Attorney(s) appearing for the Case

Bill McCollum , Attorney General, and Michael C. Greenberg , Assistant Attorney General, for appellant.

Antonio Gonzalez Revilla, III and Juliana G. Lamardo , Miami, for appellee.

Before GERSTEN, SUAREZ, and SALTER, JJ.

SUAREZ, J.

The State of Florida appeals from the trial court's order granting Maykel Avila's Motion to Vacate Guilty Plea and Conviction claiming that the trial court did not advise him of the immigration consequences of his guilty plea. The trial court granted the motion, finding that the State did not carry its burden of proving that the plea colloquy did inform Avila of the consequences of a guilty plea. We reverse and remand as the burden of proof was on the defendant...

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