
    Erick Wayne DeSOUZA, Appellant, v. The STATE of Florida, Appellee.
    No. 3D01-3008.
    District Court of Appeal of Florida, Third District.
    Jan. 2, 2002.
    Bolivar C. Porta, for appellant.
    Robert A. Butterworth, Attorney General and Paulette R. Taylor, Assistant Attorney General, for appellee.
    Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.
   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).  