CASTILLO v. STATE (2026)

District Court of Appeal of Florida, Sixth District.

Oscar CASTILLO, Appellant, v. STATE of Florida, Appellee.

Case No. 6D2025-0553

Decided: June 05, 2026

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.

Oscar Castillo appeals the order denying his Florida Rule of Criminal Procedure 3.170(l) motion to withdraw plea. He argues that the trial court erred in imposing a more severe sentence than agreed to in his Quarterman ¹ 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 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.

FOOTNOTES

1. Quarterman v. State, 527 So. 2d 1380 (Fla. 1988).

WOZNIAK, J.

BROWNLEE and PRATT, JJ., concur.

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