Legal Opinion

Castillo v. State

District Court of Appeal of Florida

Decided May 6, 2009No. 3D09-181PublishedCited by 2 opinions

1Opinion of the CourtCope, J.

Jorge Alberto Castillo appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We reverse and remand for an evi-dentiary hearing.

Defendant-appellant Castillo filed his Rule 3.850 motion, whereby he sought relief from a 1995 plea on account of the deportation consequences of the plea. He alleged that he was entitled to relief under State v. Green, 944 So.2d 208 (Fla.2006). The trial court denied the Rule 3.850 motion and this court reversed on appeal, as the postconviction record did not conclusively refute the defendant’s claim. Castillo…

2Cases cited3 opinions

  1. State v. GreenSupreme Court of Florida · 2006
  2. Tatum v. StateDistrict Court of Appeal of Florida · 2008
  3. Castillo v. StateDistrict Court of Appeal of Florida · 2008

3Cited by2 opinions

  1. Banks v. StateDistrict Court of Appeal of Florida · 2008
  2. Garcia v. StateDistrict Court of Appeal of Florida · 2010

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