MARY ELLIS V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 MARY ELLIS, Appellant, ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D02-2357 ** vs. ** LOWER TRIBUNAL NO. 90-9515 ** ** Opinion filed October 23, 2002. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, David Young, Judge. Mary Ellis, in proper person. Robert A. Butterworth, Attorney General, and Marni A.Bryson, Assistant Attorney General, for appellee. Before JORGENSON, COPE, and GODERICH, JJ. PER CURIAM. Defendant appeals the denial of her motion for postconviction relief. We affirm, as the motion was premature. See Kindelan v. State, 786 So. 2d 599 (Fla. 3d DCA 2001) (holding that to establish a prima facie basis for vacating a plea, defendant must be threatened with deportation resulting from the plea). AFFIRMED.

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