OSCAR CASTILLO
v.
STATE OF FLORIDA
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A defendant who fails to properly preserve issues at trial cannot challenge them on appeal from denial of a motion to withdraw plea.
[1] Failure to properly preserve an issue at the trial court level precludes appellate review of that issue on appeal from denial of a motion to withdraw plea.
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Join FLexlaw to unlock all legal intelligenceOscar Castillo entered into a Quarterman plea agreement and subsequently moved to withdraw his plea, arguing the trial court imposed a sentence more s…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-0553 Lower Tribunal No. 2024-CF-014893
OSCAR CASTILLO, Appellant,
V.
STATE OF FLORIDA, Appellee.
Appeal from the Circuit Court for Lee County. Bruce Kyle, Judge.
June 5, 2026
WOZNIAK, J.
Oscar Castillo appeals the order denying his Florida Rule of Criminal Procedure 3.170(1) motion to withdraw plea. He argues that the trial court erred in imposing a more severe sentence than agreed to in his Quarterman¹ agreement based on his failure to appear at the sentencing hearing and for committing new law violations during the two-week period between his plea hearing and the deferred
¹ Quarterman v. State, 527 So. 2d 1380 (Fla. 1988).
sentencing hearing. Because Castillo failed to properly preserve either issue, we affirm. We do so without prejudice to Castillo filing a Florida Rule of Criminal Procedure 3.850 motion.
AFFIRMED.
BROWNLEE and PRATT, JJ., concur.
Terry McCreary, of The McCreary Law Firm, P.A., Kaukauna, Wisconsin, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Laura Dempsey, Assistant Attorney General, Tampa, for Appellee.