State v. Vasquez

WHATLEY, Judge.

The State appeals and Raul Roy Vasquez cross-appeals the order disposing of Vasquez’s motion for postconviction relief. See § 924.066(2), Fla. Stat. (2004). In that order, the trial court vacated Vasquez’s March 1999 judgment and life sentence resulting from a jury verdict of guilt of capital sexual battery and reinstated' his 1997 plea, judgment, and sentence of fifteen years’ incarceration followed by five years’ probation. We find no merit in the issues raised by Vasquez in his cross-appeal, but we reverse based on the State’s argument in its appeal.

In ground sixteen of his…