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Third District Court of Appeal

State of Florida, July Term, A.D. 2010

Opinion filed October 20, 2010. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-2563 Lower Tribunal No. 01-13515 ________________

Leduan Diaz,

Appellant, vs.

The State of Florida,

Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Diane V. Ward, Judge. Matthew E. Ladd, for appellant. Bill McCollum, Attorney General, Assistant Attorney General, for appellee.

Before WELLS, CORTIÑAS, and LAGOA, JJ. WELLS, Judge. Affirmed. See Flores v. State, 35 Fla. L. Weekly D1562, D1562-63 (Fla. 4th DCA 2010) (stating that when the trial court advises that a plea may result in

deportation, the defendant has the affirmative duty to speak up if the attorney has promised something else and that the "court's warning that [the defendant] may be deported based on his plea cured any prejudice that might have flowed from counsel's alleged misadvice"); Bermudez v. State, 603 So. 2d 657, 658 (Fla. 3d DCA 1992) (holding that any prejudice flowing from misadvice of counsel regarding deportation consequences of a plea is cured by the trial court's inquiry whether the defendant understood that he could be deported as a consequence of the plea).

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