Opinion
No. 3D18-1914
08-14-2019
Jose T. PEREZ, Appellant, v. The STATE of Florida, Appellee.
Dennis Gonzalez Jr., P.A., and Dennis Gonzalez, Jr., Miami, for appellant. Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.
Dennis Gonzalez Jr., P.A., and Dennis Gonzalez, Jr., Miami, for appellant.
Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.
Before SALTER, FERNANDEZ, and LINDSEY, JJ.
PER CURIAM.
Affirmed. See State v. Lorenzo, 271 So. 3d 77, 78 (Fla. 3d DCA 2019) ("[T]he defendant must satisfy the requirement in rule 3.850(b)(1) by alleging and proving that the fact that the plea subjected the defendant to deportation could not have been ascertained during the two-year period with the exercise of due diligence. It will not be enough to allege that the defendant learned of the possibility of deportation only upon the commencement of deportation proceedings after the two-year limitations period has expired. The requirement of due diligence compels the defendant to allege and prove that affirmative steps were taken in an attempt to discover the effect of the plea on his or her residency status." (quoting State v. Green, 944 So. 2d 208, 218 (Fla. 2006) )).