Ruiz v. State

On Motion for Rehearing

SCHWARTZ, Senior Judge.

Ruiz’s motion for rehearing of the per curiam affirmance of the denial of his Peart 3.850 motion is itself denied because (1) he did not carry his burden of establishing that the arguably invalid conviction challenged in this proceeding was the sole cause of his potential deportation, see Prieto v. State, 824 So.2d 924 (Fla. 3d DCA 2002), review denied, 842 So.2d 845 (Fla.2003); Buton v. State, 995 So.2d 1130 (Fla. 4th DCA 2008), and (2) the contention that other convictions which would also have had that effect might be excused by the immigration…