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Ruiz v. State, No. 3D08-631 (Fla. App. 9/9/2009) (Fla. App., 2009)

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Marlon Antonio Ruiz, Appellant, v. The State of Florida, Appellee. No. 3D08-631. District Court of Appeal of Florida, Third District. Opinion filed September 9, 2009. An Appeal from the Circuit Court for Miami-Dade County, Jacqueline Hogan Scola, Judge, Lower Tribunal No. 94-25309. Law Offices of Eduardo Soto, P.A., and Kate Walling, Karina Acevedo, and Karla Lammers, for appellant. Bill McCollum, Attorney General, and Timothy R.M. Thomas, for appellee. Before RAMIREZ, C.J., and GERSTEN, J., and SCHWARTZ, Senior Judge. On Motion for Rehearing SCHWARTZ, Senior Judge. Ruiz’s motion for rehearing of the per curiam affirmance of the denial of his Peart 3.850 motion is itself denied because (1) he did not carry his burden of establishing that the arguably invalid conviction challenged in this proceeding was the sole cause of his potential deportation, Prieto v...continue to full post

Full post as published by Florida Criminal Law Opinions on September 09, 2009 (boomark / email).