Alfonso v. State

As stated in the majority opinion, we have decisions which say that a defendant must allege that he is subject to deportation based only on the conviction he or she is challenging. Sabnani v. State, 5 So.3d 808, 809 (Fla. 3d DCA 2009); Dumenigo v. State, 988 So.2d 1201, 1202 (Fla. 3d DCA 2008). It should also be pointed out, however, that we clarified this rule in Macias v. State, 29 So.3d 1182 (Fla. 3d DCA 2010).

By way of background, in Prieto v. State, 824 So.2d 924 (Fla. 3d DCA 2002), this court held that a defendant cannot obtain relief from a plea on account of a lack of deportation…