Legal Opinion

Castro v. State

District Court of Appeal of Florida

Decided August 31, 2001No. 2D01-1723Published

1Opinion of the Court

BLUE, Chief Judge.

Juan Carlos Castro timely appeals the summary denial of his motion for postcon-viction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of all claims but one. In one claim, Castro alleged that he was sentenced contrary to his plea agreement. Because this claim is not conclusively refuted by the record attachments, the trial court erred by summarily denying relief. We reverse on this claim but affirm in all other respects.

In circuit court case 98-2443, after a jury trial, Castro was convicted of robbery and battery on a person over…

2Cases cited3 opinions

  1. Goldberg v. StateDistrict Court of Appeal of Florida · 1988
  2. Oakley v. StateDistrict Court of Appeal of Florida · 1996
  3. Hunt v. StateDistrict Court of Appeal of Florida · 1987

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