Legal Opinion

TRISTRAM v. State

District Court of Appeal of Florida

Decided February 20, 2009No. 4D09-313Published

1Per curiam

David Tristram appeals an order summarily denying his rule 3.850 motion for postconviction relief. Having granted his request for expedited review, we reverse and remand. The trial court should have afforded Tristram the opportunity to amend his motion to allege that the plea in this case alone subjects him to deportation. Spera v. State, 971 So.2d 754 (Fla.2007); Brown v. State, 992 So.2d 915 (Fla. 4th DCA 2008); Forrest v. State, 988 So.2d 38 (Fla. 4th DCA 2008).

Reversed and Remanded for further proceedings.

FARMER, MAY and DAMOORGIAN, JJ., concur.

2Cases cited3 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Forrest v. StateDistrict Court of Appeal of Florida · 2008
  3. Brown v. StateDistrict Court of Appeal of Florida · 2008