Legal Opinion

Castro v. State

District Court of Appeal of Florida

Decided September 2, 2015No. 15-0929PublishedCited by 2 opinions

1Per curiam

Appellant Martin Castro appeals the trial court’s order of probation and order withholding adjudication entered on April 1, 2015. We dismiss the appeal, without prejudice, with instructions to the trial court to treat Castro’s pro se “Motion to Appeal Final Decision” as a timely filed motion to withdraw the plea after sentencing pursuant to Florida Rule of Criminal Procedure 3.170(7).

On April 1, 2015, Castro pled guilty to one count of battery. Three weeks after his plea, on April 22, 2015, Castro filed a pro se motion titled “Motion to Appeal Final Decision.” Although titled an appeal,…

2Cases cited2 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Indymac Federal Bank FSB v. HaganDistrict Court of Appeal of Florida · 2012

3Cited by2 opinions

  1. Patel v. ShahDistrict Court of Appeal of Florida · 2017
  2. State v. MacKeyDistrict Court of Appeal of Florida · 2019

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