DeSouza v. State

Because there is no allegation that the defendant has actually been “threatened” with deportation, the dismissal of his Peart based motion for post-conviction relief without prejudice is affirmed. See Perez v. Moore, 767 So.2d 1170, 1171 (Fla.2000); Peart v. State, 756 So.2d 42, 47 (Fla.2000); Rodriguez v. State, 789 So.2d 548 (Fla. 3d DCA 2001).