Legal Opinion

Castillo v. State

District Court of Appeal of Florida

Decided November 14, 2007No. 4D07-1301Published

1Per curiam

The appellant timely sought postconviction relief after the entry of a negotiated plea deal. We affirm as to all grounds raised, except for a portion of ground two, wherein we reverse and remand for an evidentiary hearing. In that portion of ground two, the appellant claims his attorney promised him that the eight-year prison term he agreed to as a part of a plea deal would result in just 70.5 months of actual time, if he “kept his nose clean” while incarcerated. The transcript of the plea colloquy does not conclusively refute this allegation, as the lower court did not question the appellant…

2Cases cited2 opinions

  1. State v. LerouxSupreme Court of Florida · 1996
  2. Debonis v. StateDistrict Court of Appeal of Florida · 1999

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