Oscar Castillo v. State of Florida

SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 6D2025-0553
Lower Tribunal No. 2024-CF-014893
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OSCAR CASTILLO,

Appellant,

v.

STATE OF FLORIDA,

Appellee.
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Appeal from the Circuit Court for Lee County.
Bruce Kyle, Judge.

June 5, 2026

WOZNIAK, J.

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

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

BROWNLEE and PRATT, JJ., concur.

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.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED

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