State v. Guerra

The State appeals the trial court’s order granting Castro Guerra’s motion for post-conviction relief and ordering a new trial. We affirm, holding that the trial court correctly determined that Guerra’s case should have been placed in the Montgomery 1 pipeline and, had this occurred, Guerra would have obtained the same result (reversal and remand for a new trial) as those defendants whose very cases this court relied upon in originally affirming Guerra’s conviction. See Guerra v. State, 44 So.3d 226 (Fla. 3d DCA 2010) (affirming conviction and relying upon Cubelo v. State, 41 So.3d 263 (Fla.…