Aguirre-Garcia v. State

ALTENBERND, Chief Judge.

Pedro Aguirre-Garcia appeals his judgments and sentences for battery, stalking after injunction, and criminal mischief, arguing that after sentencing he should have been permitted to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(i). Because we conclude that he was entitled to withdraw his plea, we reverse.

Prior to September 15, 2002, Mr. Aguirre-Garcia’s former wife had obtained a domestic violence injunction against him. On that date, Mr. Aguirre-Garcia had a dispute with his former wife during which he confronted her when she left her place *207of…