Claudia Vergara-Castano v. State

District Court of Appeal of Florida

Claudia Vergara-Castano v. State

188 So. 3d 112, 2016 WL 1261024, 2016 Fla. App. LEXIS 5033

CourtDistrict Court of Appeal of Florida

DecidedApril 1, 2016

Docket5D15-691

StatusPublished

This text of 188 So. 3d 112 (Claudia Vergara-Castano v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Claudia Vergara-Castano v. State, 188 So. 3d 112, 2016 WL 1261024, 2016 Fla. App. LEXIS 5033 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

Claudia Vergara-Castano is before this court again appealing the lower court’s denial of her motion to withdraw her plea. For the reasons stated in Castano v. State, 106 So.3d 28, 29 (Fla. 5th DCA 2013), we reverse and remand with instructions for the lower court to grant Appellant’s motion to withdraw her plea and set aside the judgment and sentence originally entered. On remand, Appellant may either proceed to trial or enter a plea. Appellant and her counsel are reminded that this court previously determined that a conviction of or plea to the offense charged clearly subjects Appellant to the risk of mandatory deportation. 106 So.3d at 29.

REVERSED AND REMANDED WITH INSTRUCTIONS.

ORFINGER, TORPY and EDWARDS, JJ., concur.

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PER CURIAM.

Claudia Vergara-Castano is before this court again appealing the lower court’s denial of her motion to withdraw her plea. For the reasons stated in Castano v. State, 106 So.3d 28, 29 (Fla. 5th DCA 2013), we reverse and remand with instructions for the lower court to grant Appellant’s motion to withdraw her plea and set aside the judgment and sentence originally entered. On remand, Appellant may either proceed to trial or enter a plea. Appellant and her counsel are reminded that this court previously determined that a conviction of or plea to the offense charged clearly subjects Appellant to the risk of mandatory deportation. 106 So.3d at 29.

REVERSED AND REMANDED WITH INSTRUCTIONS.

ORFINGER, TORPY and EDWARDS, JJ., concur.

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188 So. 3d 112, 2016 WL 1261024, 2016 Fla. App. LEXIS 5033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claudia-vergara-castano-v-state-fladistctapp-2016.

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