Mr. Green is seeking to vacate his no contest plea to a misdemeanor assault and battery charge, arguing he was not told the plea could lead to deportation. The trial court denied his motion, but the 4th District Court of Appeal overturned that decision and told the trial court to take evidence in the case. The state appealed, arguing that the 4th DCA ruling conflicts with other decisions by the 3rd District Court of Appeal on what a defendant must allege to show he or she has been threatened with deportation.