# Brown v. State

> District Court of Appeal of Florida · October 29, 2008 · 992 So. 2d 915

URL: https://www.frixlaw.com/law-library/cases/1814106

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** October 29, 2008
- **Citations:** 992 So. 2d 915; 2008 WL 4722986
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1814106

## Opinion text

992 So.2d 915 (2008)
Gwendolyn BROWN, Appellant,
v.
STATE of Florida, Appellee.
No. 4D07-5092.
District Court of Appeal of Florida, Fourth District.
October 29, 2008.
*916 Robert G. Amsel of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A., Miami, for appellant.
Bill McCollum, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
The trial court's order denying appellant's rule 3.850 motion is reversed and remanded for further proceedings. Appellant's motion was timely filed within the two-year window provided for by State v. Green, 944 So.2d 208 (Fla.2006), and was not conclusively refuted by the trial court's record attachments. To the extent the trial court concluded the motion failed to allege that the plea in this case was the sole basis for deportation, the court should have afforded appellant at least one opportunity to amend her motion to state a sufficient claim. See Forrest v. State, 988 So.2d 38 (Fla. 4th DCA 2008); Spera v. State, 971 So.2d 754 (Fla.2007). We remand for the trial court to give the appellant one opportunity to amend her motion to properly allege that the plea in this case alone subjects her to deportation.
Reversed and Remanded.
KLEIN, HAZOURI and MAY, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1814106. Public record. Not legal advice.