DeANGULO v. State

Defendant-appellant Jose DeAngulo appeals an order denying a motion for post-conviction relief under Florida Rule of Criminal Procedure 8.850. I concur in the affirmance on the following analysis.

The defendant was charged in count one with sale of cannabis in violation of section 893.18, Florida Statutes (2007), and in count three, with attempted trafficking in cannabis, in violation of subparagraph 893.135(l)(a)l., Florida Statutes (2007). The defendant was sentenced pursuant to the plea agreement.

The defendant filed a timely rule 3.850 motion, arguing that there was an insufficient factual…