JORGE ALBERTO CASTILLO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Jorge Alberto Castillo, a Peruvian citizen, sought to vacate his 1995 guilty plea to forgery on the grounds that he was not given required deportation warnings during the plea colloquy. The trial court summarily denied his Rule 3.850 motion, but the appellate court reversed and remanded for an evidentiary hearing because the record did not conclusively refute his claims.
The court reversed and remanded because the record did not conclusively refute Castillo's claims, and therefore summary denial was improper. The trial court must either conduct an evidentiary hearing or provide another appropriate remedy, and if it again summarily denies the motion, it must attach record excerpts conclusively showing no relief is warranted.
[1] A trial court may summarily deny a post-conviction petition only if the record conclusively refutes one or more of the petitioner's claims; otherwise, an evidentiary hear…
[2] A defendant seeking to vacate a guilty plea based on a lack of deportation warnings is entitled to relief if the record fails to conclusively refute the claim.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“on appeal from a summary denial, this Court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief”
Establishes the standard of review and the burden required for summary denial of post-conviction petitions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCastillo, a Peruvian citizen, pleaded guilty to forgery in 1995 with adjudication withheld. He also has a conviction for purchasing cannabis. Castillo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion To Vacate Plea cases and more on FLexlaw
SUAREZ, J.
Jorge Alberto Castillo seeks to reverse the trial court’s order denying his motion to vacate his plea pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand.
Castillo is a Peruvian citizen. In 1995, he pleaded guilty to a forgery charge and adjudication was withheld.1 Castillo asserts that his application for permanent residency has since been denied and that he is subject to deportation. Castillo’s Rule 3.850 petition to vacate his plea and conviction is timely under Green,
as the record shows that Castillo has not previously been served with an Immigration and Naturalization Service (INS) Notice to Appear. In his petition, Castillo claims that he was not given the required deportation warnings in the 1995 plea colloquy, and that the withhold of adjudication should be vacated so that he may seek an INS waiver of the convictions remaining on his criminal record. The trial court summarily denied the petition.
On appeal from a summary denial, this Court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (D); Green, 944 So. 2d at 219 (Fla.2006) (holding that the trial court may summarily deny the post-conviction petition only if it attaches record that conclusively refutes one or more of the petitioner’s claims; otherwise, the defendant must receive an evidentiary hearing). Because the record now before us fails to make the required showing, we reverse the order and remand for an evidentiary hearing or other appropriate relief. If the trial court again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.
Reversed and remanded.
. Castillo has another conviction for purchasing cannabis. His sworn motion (filed by counsel) alleges that this was a minor offense and is eligible for a waiver of deportation under the federal Immigration and Nationality Act. The State’s response, filed in the trial court, alleged that the conviction was a felony, but the State failed to file the judgment and failed to address the claim that Castillo is eligible for a waiver. . State v. Green, 944 So. 2d 208 (Fla.2006).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Castillo v. State, 13 So. 3d 67 (Fla. 3d DCA 2009)…as entitled to relief under State v. Green, 944 So. 2d 208 (Fla.2006). The trial court denied the Rule 3.850 motion and this court reversed on appeal, as the postconviction record did not conclusively refute the defendant’s claim. Castillo v. State, 990 So. 2d 564 (Fla. 3d DCA 2008). We remanded “for an evidentiary hearing or other appropriate relief. If the trial court again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts conclusively showing that the appe…
Authorities Cited
- State v. Owran Green, 944 So. 2d 208 (Fla. 2006)