ALFARO v. STATE

No. 3D02-2346.

828 So.2d 1056 (2002)

Marling ALFARO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 22, 2002.


Attorney(s) appearing for the Case

Martin G. McCarthy, for appellant.

Robert A. Butterworth, Attorney General, for appellee.

Before COPE, LEVY and FLETCHER, JJ.


COPE, J.

Marling Alfaro appeals an order denying her motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We respectfully disagree with the trial court's conclusion that the Rule 3.850 motion was premature, and remand for further proceedings.

Defendant-appellant Alfaro in 1991 pled guilty to Burglary of an Occupied Structure and Criminal Mischief. There was a withhold of adjudication and a sentence of one year of probation, which...

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