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Wigley v. State

District Court of Appeal of Florida, Fourth District
Jul 16, 2003
851 So. 2d 784 (Fla. Dist. Ct. App. 2003)

Summary

affirming denial of "premature" motion alleging that federal government had instituted action to revoke naturalization

Summary of this case from State v. Green

Opinion

Case No. 4D03-595

Opinion filed July 16, 2003

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 94-16493 CF10B.

Juan C. Enjamio and James J. Thornton of Hunton Williams, Miami, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


In 1995 appellant plead guilty to drug possession charges, adjudication was withheld, and she received two years probation which she successfully completed. After the plea, she became a naturalized citizen; however, in December, 2000, the United States filed an action to revoke appellant's naturalization based on the guilty plea.

Appellant then filed a rule 3.850 motion to vacate her plea because she was not adequately advised of immigration consequences, which the trial court held was premature under State v. Carmona, 827 So.2d 342 (Fla. 3d DCA 2002). In that case the court pointed out that the 3.850 motion improperly assumed that the government would prevail in the denaturalization proceeding and, if it did, that the government would subsequently seek to deport the defendant. We agree with Carmona and accordingly affirm without prejudice to the defendant seeking relief when the "threat of deportation," Peart v. State, 756 So.2d 42 (Fla. 1999), is more demonstrable.

STONE and HAZOURI, JJ., concur.

NOT FINAL UNTIL DISPOSITION of ANY TIMELY FILED MOTION FOR REHEARING.


Summaries of

Wigley v. State

District Court of Appeal of Florida, Fourth District
Jul 16, 2003
851 So. 2d 784 (Fla. Dist. Ct. App. 2003)

affirming denial of "premature" motion alleging that federal government had instituted action to revoke naturalization

Summary of this case from State v. Green

filing an action to revoke naturalization based on conviction is not sufficient threat of deportation

Summary of this case from Green v. State
Case details for

Wigley v. State

Case Details

Full title:MARILYN WIGLEY, Appellant, v. STATE of FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 16, 2003

Citations

851 So. 2d 784 (Fla. Dist. Ct. App. 2003)

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