Claudia Vergara-Castano v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CLAUDIA VERGARA-CASTANO, Appellant, v. Case No. 5D15-691 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 1, 2016 3.850 Appeal from the Circuit Court for Orange County, Timothy R. Shea, Judge. H. Manuel Hernandez, of H. Manuel Hernandez, P.A., Longwood, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Claudia Vergara-Castano is before this court again appealing the lower court's denial of her motion to withdraw her plea. For the reasons stated in Castano v. State, 106 So. 3d 28, 29 (Fla. 5th DCA 2013), we reverse and remand with instructions for the lower court to grant Appellant's motion to withdraw her plea and set aside the judgment and sentence originally entered. On remand, Appellant may either proceed to trial or enter a plea. Appellant and her counsel are reminded that this court previously determined that a conviction of or plea to the offense charged clearly subjects Appellant to the risk of mandatory deportation. 106 So. 3d at 29. REVERSED AND REMANDED WITH INSTRUCTIONS. ORFINGER, TORPY and EDWARDS, JJ., concur. 2

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