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DAVIS v. STATE

No. 4D12-2046.

104 So.3d 1279 (2013)

Devon DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 9, 2013.

Attorney(s) appearing for the Case

Steve Raisman and Helene B. Raisman of Raisman & Raisman, P.A., Fort Lauderdale, for appellant.

No appearance required for appellee.

PER CURIAM.

Affirmed. Hernandez v. State, ___ So.3d ___ (Fla.2012). In addition to being untimely, appellant's motion is refuted by the record which demonstrates that the court advised appellant that his plea would subject him to deportation. This unequivocal warning that the plea "will" subject the defendant to deportation refutes his claim under Padilla v. Kentucky, 559 U.S. 356, 130...

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