Pikwrah v. State

DAVIS, Judge.

Gewdat Pikwrah challenges the circuit court order denying his postconviction motion to vacate or set aside his sentence. Pikwrah’s motion was based on the trial court’s failure to warn him that a no contest plea could result in deportation, as is required by Florida Rule of Criminal Procedure 3.172(c)(8). We reverse and remand.

To establish a rule 3.172(c)(8) violation, a defendant must “prove [1] that the trial court did not provide advice regarding the possible immigration consequences of the plea and [2] resultant prejudice.” Peart v. State, 756 So.2d 42, 47 (Fla.2000). Here,…