ALFREDO C. CANSECO, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ALFREDO C. CANSECO, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D09-0263 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 17, 2009. An appeal from the Circuit Court for Gadsden County. Thomas H. Bateman, I I I, Judge. Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Bill McCollum, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, for Appellee. PER CURIAM. We affirm but certify the same issue as certified in State v. Freijo, 987 So. 2d 190 (Fla. 3d DCA 2008), as being one of great public importance. WHETHER A DEFENDANT MAY OBTAIN THE BENEFIT OF A NEW TWO-YEAR WINDOW PERIOD UNDER STATE V. GREEN, 944 So. 2d 208 (Fla. 2006), IF THE CLAIMANT RECEIVED ACTUAL NOTICE OF A DEPORTATION PROCEEDING MORE THAN TWO YEARS BEFORE THE MOTION TO WITHDRAW PLEA? WOLF, WEBSTER, and CLARK, JJ., CONCUR.

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