VAVAL 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. 2001 FISEPE VAVAL, ** Appellant, ** ** vs. THE STATE OF FLORIDA, CASE NO. 3D01-1729 LOWER TRIBUNAL NO. 94-16155 ** Appellee. ** Opinion filed August 29, 2001. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Maria Espinosa Dennis, Judge. Fisepe Vaval, in proper person. Robert A. Butterworth, Attorney General, for appellee. Before JORGENSON, GODERICH, and SORONDO, JJ. PER CURIAM. Defendant appeals postconviction relief. from the We affirm. denial of his motion for See Saldana v. State, 786 So. 2d 643 (Fla. 3d DCA 2001) ("Advising a defendant that he or she is under investigation is not the same thing as being threatened with deportation."); see also Kindelan v. State, 786 So. 2d 599 (Fla. 3d DCA 2001); Rodriguez v. State, 26 Fla. L. Weekly D1809 (Fla. 3d DCA July 25, 2001). This affirmance is without prejudice to defendant refiling his 3.850 motion should the investigation lead to the threat of deportation. -2-

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