AGUIRRE-GARCIA v. STATE

No. 2D03-2985.

889 So.2d 206 (2004)

Pedro AGUIRRE-GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 15, 2004.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellee.


ALTENBERND, Chief Judge.

Pedro Aguirre-Garcia appeals his judgments and sentences for battery, stalking after injunction, and criminal mischief, arguing that after sentencing he should have been permitted to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(l). Because we conclude that he was entitled to withdraw his plea, we reverse.

Prior to September 15, 2002, Mr. Aguirre-Garcia's former wife had obtained a domestic violence...

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