Legal Opinion

State v. Gardener

District Court of Appeal of Florida

Decided April 6, 2005No. 3D04-1961PublishedCited by 1 opinion

1Per curiam

The State of Florida appeals an order granting defendant’s motion to vacate plea and conviction. We reverse the order because the transcript of the plea colloquy in question demonstrates that the defendant was properly advised of the immigration consequences of his plea. See Peart v. State, 756 So.2d 42 (Fla.2000); Labady v. State, 783 So.2d 275 (Fla. 3d DCA 2001). There was no legal basis for granting defendant’s motion.

Reversed and remanded.

2Cases cited2 opinions

  1. Peart v. StateSupreme Court of Florida · 2000
  2. Labady v. StateDistrict Court of Appeal of Florida · 2001

3Cited by1 opinion

  1. Malary v. BRINKER INTERNATIONAL PAYROLLDistrict Court of Appeal of Florida · 2005