Somintac v. State

We have for review the decision in Somintac v. State, 748 So.2d 301 (Fla. 3d DCA 1999), which was certified to be in conflict with the opinions in Kalici v. State, 755 So.2d 680 (Fla. 4th DCA 1999), approved, 767 So.2d 451 (Fla.2000), and Gregersen v. State, 714 So.2d 1195 (Fla. 4th DCA 1998), approved, 758 So.2d 106 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

This Court recently held in Peart v. State, 756 So.2d 42 (Fla.2000), that a petition for writ of error coram nobis was the proper vehicle for raising a claim that a noncustodial defendant was not advised of the…