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Devon DAVIS, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2013-01-09No. No. 4D12-2046
104 So. 3d 1279

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Opinion

majority opinion

PER CURIAM.

Affirmed. Hernandez v. State, — So.3d-(Fla.2012). In addition to being untimely, appellant’s motion is refuted by the record which demonstrates that the court advised appellant that his plea would subject him to deportation. This unequivocal warning that the plea “will” subject the defendant to deportation refutes his claim under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010).

POLEN, STEVENSON and CONNER, JJ., concur.