Legal Opinion

Aguirre v. State

District Court of Appeal of Florida

Decided December 21, 2016No. 4D15-4795Published

1Per curiam

Andres Aguirre timely appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant claims that his plea is involuntary, that counsel was ineffective during violation of probation (“VOP”) proceedings, and that the trial court should have considered events that post-date the plea. We reverse and remand for further review of the latter two claims. We affirm the denial of all other claims.

Appellant was sentenced and granted a furlough following his admission to violating the terms of his probation by committing a new…

2Cases cited5 opinions

  1. State v. JenkinsDistrict Court of Appeal of Florida · 2000
  2. Humbert v. StateDistrict Court of Appeal of Florida · 2006
  3. Douglas v. StateDistrict Court of Appeal of Florida · 2010
  4. Hall v. StateDistrict Court of Appeal of Florida · 2003
  5. Octavius Ware v. State of FloridaDistrict Court of Appeal of Florida · 2015

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