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Erick Wayne DeSOUZA v. The STATE of Florida
PER CURIAM.
Because there is no allegation that the defendant has actually been “threatened” with deportation, the dismissal of his Peart based motion for post-conviction relief without prejudice is affirmed. See Perez v. Moore, 767 So.2d 1170, 1171 (Fla.2000); Peart v. State, 756 So.2d 42, 47 (Fla.2000); Rodriguez v. State, 789 So.2d 548 (Fla. 3d DCA 2001).
