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Beckles v. State

District Court of Appeal of Florida, Third District
Oct 2, 1996
679 So. 2d 892 (Fla. Dist. Ct. App. 1996)

Opinion

No. 96-965.

October 2, 1996.

An Appeal from the Circuit Court for Dade County, Maynard A. Gross, Judge; No. 93-724.

Jerrard B. Cutrone, Miami, for appellant.

Robert A. Butterworth, Attorney General and Sylvie Perez Posner, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ.


CONFESSION OF ERROR


In taking Beckles's nolo plea, the trial court did not, as Florida Rule of Criminal Procedure 3.172(c)(8) requires, advise him that he would be subject to deportation. In fact, he was taken into I.N.S. custody as a result of the ensuing conviction. The state concedes, therefore, and we agree that his present application for coram nobis relief and to withdraw the plea was erroneously denied. See Spencer v. State, 608 So.2d 551 (Fla. 4th DCA 1992); Marriott v. State, 605 So.2d 985 (Fla. 4th DCA 1992); De Abreu, v. State, 593 So.2d 233 (Fla. 1st DCA 1991), review dismissed, 613 So.2d 453 (Fla. 1993).

Accordingly, the order below is reversed and the cause remanded with directions to permit the defendant to withdraw the plea and to proceed to trial.


Summaries of

Beckles v. State

District Court of Appeal of Florida, Third District
Oct 2, 1996
679 So. 2d 892 (Fla. Dist. Ct. App. 1996)
Case details for

Beckles v. State

Case Details

Full title:JOHN BECKLES, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 2, 1996

Citations

679 So. 2d 892 (Fla. Dist. Ct. App. 1996)

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