STATE OF FLORIDA
v.
GAIRY E. CASTOR

Fla. 2d DCA | 2019-03-01
No. 18-1214
Carpanini, J., Kelly, J., Khouzam, J., Sleet, J.
264 So. 3d 1182 Florida District Court of Appeal, Second District (2019)

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Holding

The postconviction court did not commit reversible error in granting Castor's motion for postconviction relief, vacating his convictions and sentences, and ordering a new trial.


Facts & Procedural History

Gairy E. Castor was convicted and sentenced in the Circuit Court for Polk County. He filed a motion for postconviction relief.…

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Opinion of the Court
Sleet

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

STATE OF FLORIDA, ) ) Appellant/Cross-Appellee, ) ) v. ) Case No. 2D18-1214 ) GAIRY E. CASTOR, ) ) Appellee/Cross-Appellant. ) ___________________________________) Opinion filed March 1, 2019. Appeal from the Circuit Court for Polk County; Mark F. Carpanini, Judge. Ashley Moody, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellant/Cross-Appellee. Michael Hrdlicka of Gomez & Touger, P.A., Bartow, for Appellee/Cross-Appellant.

PER CURIAM.

After a thorough review, we conclude that the postconviction court did not commit reversible error. Accordingly, we affirm the order granting Gairy E. Castor's motion for postconviction relief, vacating his convictions and sentences, and ordering a new trial. In light of our affirmance, Castor's cross-appeal is rendered moot.

Affirmed. KELLY, KHOUZAM, and SLEET, JJ., Concur.


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