Third District Court of Appeal
State of Florida
Opinion filed August 13, 2014.
Not final until disposition of timely filed motion for rehearing.
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No. 3D13-1704
Lower Tribunal No. 02-12509C
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Hector Caraballo,
Appellant,
Vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, William
Thomas, Judge.
Hector Caraballo, in proper person.
Pamela Jo Bondi, Attorney General, and Nikole Hiciano, Assistant Attorney
General, for appellee.
Before WELLS, EMAS and FERNANDEZ, JJ.
PER CURIAM.
Hector Caraballo appeals the trial court’s denial of his motion to void his
plea in case number F02-12509C. Although the State has filed its Answer Brief
maintaining its position that the record was sufficient to support the trial court’s
denial of Caraballo’s motion to void the plea, the State does not object to
remanding the case for an evidentiary hearing so that the trial court can reconsider
the issue.
Caraballo claims in his Initial Brief that the court translator did not properly
translate the plea agreement. However, for practical considerations as outlined in
the State’s motion to expedite, we reverse and remand the case for an evidentiary
hearing so Caraballo’s claim that the court translator erroneously interpreted the
plea agreement and thus misadvised him regarding the nature of the plea
agreement and/or sentence can be considered.
Reversed and remanded with instructions.
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