
    Devon DAVIS, Appellant, v. STATE of Florida, Appellee.
    No. 4D12-2046.
    District Court of Appeal of Florida, Fourth District.
    Jan. 9, 2013.
    Steve Raisman and Helene B. Raisman of Raisman & Raisman, P.A., Fort Lauder-dale, for appellant.
    No appearance required for appellee.
   PER CURIAM.

Affirmed. Hernandez v. State, — So.3d-(Fla.2012). In addition to being untimely, appellant’s motion is refuted by the record which demonstrates that the court advised appellant that his plea would subject him to deportation. This unequivocal warning that the plea “will” subject the defendant to deportation refutes his claim under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010).

POLEN, STEVENSON and CONNER, JJ., concur.  