FONTALVO v. State

SCHWARTZ, Senior Judge.

The defendant’s Rule 3.850 motion to withdraw his plea on the ground that its deportation consequences had not been adequately explained was denied after an evidentiary hearing, on the ground, citing Kindelan v. State, 826 So.2d 1004 (Fla. 3d DCA 2001), that as a legal permanent resident he was not subject to deportation and thus was unqualified for relief under State v. Green, 944 So.2d 208 (Fla.2006). While understandable in view of the confusing statement in Kindelan, 826 So.2d at 1005, n. 1, that “[i]t is undisputed that a resident alien who is not given permanent…