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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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10/14/2005
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Mario Gaston BY: PT Jerrard Bernard Cutrone 398985
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10/20/2005
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No Fee - Insolvent
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INSOLVENT BELOW
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12/12/2005
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ORDER-STAY PROCEEDINGS FSC (TAG CASE)
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The proceedings in this Court in the above case are hereby stayed pending disposition of State v. Green, Case No. SC05-687, which is pending in this Court.
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12/04/2006
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ORDER-SHOW CAUSE (TAG-REVERSE/QUASH)
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Respondent is hereby directed to show cause on or before December 19, 2006, why this Court should not exercise jurisdiction in this case, summarily quash the decision being reviewed, and remand for reconsideration in light of our decision in State v. Green, 31 Fla. L. Weekly S693 (Fla. Oct. 26, 2006). Petitioner may serve a reply on or before December 29, 2006.
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12/20/2006
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RESPONSE
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RS State Of Florida state1 BY: RS Jill K. Traina 378992
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TO OTSC DATED 12/04/2006 (O&5 & E-MAIL)
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12/28/2006
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REPLY TO RESPONSE
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PT Mario Gaston BY: PT Jerrard Bernard Cutrone 398985
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TO OTSC DATED 12/04/2006
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02/08/2007
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JURISDICTION ACCEPTED
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02/08/2007
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DISP-QUASHED & REMANDED
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The decision below applied the Peart standard requiring an allegation of a specific threat of deportation rather than the requirement in Green that the defendant allege that the plea subjected the defendant to deportation. Accordingly, we quash the Third District decision in this case and remand for reconsideration in light of our decision in Green.
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03/01/2007
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MANDATE
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CC: COUNSEL
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04/16/2007
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ARCHIVES
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