DANNY R. FENTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Danny Fenter appeals the summary denial of his postconviction motion for relief, claiming he was promised a more lenient sentence than he received. The court affirmed in part and reversed in part, finding Fenter stated a facially sufficient claim regarding his plea agreement but properly denying relief on his credit-time argument.
The court held that Fenter stated a facially sufficient claim for withdrawal of his plea based on failure to receive the promised sentence or for correction of sentence due to clerical error, but that his credit-time argument did not sufficiently state a claim for relief.
[1] A defendant may be entitled to withdraw a guilty plea if the sentence received differs from the sentence understood to be part of the plea agreement.
[2] A defendant may be entitled to correction of a sentence if the present sentence structure is the result of clerical error and does not reflect the parties' intent at the…
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Join FLexlaw to unlock all legal intelligence“Fenter has set forth a facially sufficient claim that he was led to expect a more lenient sentence than he actually received.”
Establishes that the appellate court found Fenter's allegations sufficient to require further proceedings despite the motion's lack of clarity.
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Join FLexlaw to unlock all legal intelligenceFenter was charged in 1993 with numerous felony offenses while on CRD probation from 1989. He alleges he was promised a total of 7½ years in prison fo…
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[*686] PER CURIAM.
Danny Fenter appeals the summary denial of his motion for postconviction relief. We affirm in part and reverse in part.
Regrettably, the motion is not a model of clarity. However, we find that Fenter has set forth a facially sufficient claim that he was led to expect a more lenient sentence than he actually received.1 Fenter was charged in 1993 with numerous felony offenses. At the time he was on what he 'describes as “CRD probation” from 1989. The new charges represented a violation of this “CRD probation.” Fenter alleges that he was promised the following sentencing arrangement: In the 1993 cases, he would receive a total of 7½ years in prison, followed by probation and placement in a residential drug program. The sentence for violating his 1989 probation would run concurrently, such that he would not be subject to any additional prison time. However, the sentences have been structured in such a way that Fenter must serve 10 years in prison.2
If these allegations are true, Fenter might be entitled to withdraw his plea on the theory he did not receive the sentence he understood he was to get. See, e.g., Chambliss v. State, 579 So. 2d 388 (Fla. 2d DCA 1991). Alternatively, if the present sentence structure is merely the result of clerical error, Fenter would be entitled to correction of sentence to reflect the actual intent of the parties at the time of Fenter’s plea.
The circuit court’s order fails to refute Fenter’s claim that his plea agreement was violated. Accordingly, we reverse for further proceedings concerning this issue. After remand the court should re-examine the files and records to determine whether anything therein disproves Fenter’s allegations regarding the circumstances of his plea. If so, the court may again deny the motion, attaching to its order the appropriate documentation. Otherwise, an evidentiary hearing may be necessary.
Fenter also appears to believe he is entitled to additional credit against his sentence, based on State v. Green, 547 So. 2d 925 (Fla.1989). We are unable to follow his reasoning on this point. Because this portion of the motion does not sufficiently state a claim for increased credit-time, the circuit court properly denied relief and we affirm as to this issue.
Affirmed in part, reversed in part, and remanded with instructions.
CAMPBELL, A.C.J., and THREADGILL and LAZZARA, JJ., concur. . Fenter’s motion is styled "motion to correct sentence.” Ordinarily such motions are governed by Fla.R.Crim.P. 3.800(a), the scope of which is relatively narrow. See Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1992). Fenter’s motion raises at least one issue more appropriate for rule 3.850. However, the courts have the authority to treat prisoner petitions as if the proper remedy were sought if it would be in the interest of justice to do so. See, e.g., DeSantis v. State, 400 So. 2d 525 (Fla. 5th DCA 1981). Accordingly, we have chosen to address the merits of Fenter’s motion, which we note was submitted under oath. This is without prejudice to the state, after remand, to assert any objections to proceeding as if a 3.850 motion had been filed.
. As best we can determine, Fenter contends that he received five years for Count I in the 1993 case, followed by 2'k years for Count II. In the 1989 case he received a separate five-year term which was supposed to be concurrent with Count I but is actually concurrent with Count II and consecutive to Count I. Because of this, in Fen-ter’s words, the 1989 sentence "overrides” the 1993 sentence and extends his total period of confinement to 10 years.
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Hall v. State, 643 So. 2d 635 (Fla. 1st DCA 1994)…ow, Hall’s motion raises an issue more appropriate for consideration under rule 3.850. The courts have the authority to treat prisoner petitions as if the proper remedy were sought if it would be in the interest of justice to do so. Fenter v. State, 632 So. 2d 685, 686 n. 1 (Fla. 2d DCA 1994). See also Arnett v. State, 591 So. 2d 1014 (Fla. 1st DCA 1992); and Priest v. State, 483 So. 2d 900 (Fla. 1st DCA 1986). In the instant case, the court below should have treated Hall’s motion as if filed pursuant to rule…
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Richardson v. State, 719 So. 2d 39 (Fla. 2d DCA 1998)…tion as having been brought via rule 3.850, it would be in the interest of justice to treat any claims cognizable under rule 3.800(a) as having been raised in such a motion. See DeSantis v. State, 400 So. 2d 525 (Fla. 5th DCA 1981); Fenter v. State, 632 So. 2d 685 (Fla. 2d DCA 1994). There is nothing attached to the order under review that refutes Richardson’s claim that the trial court used an incorrectly calculated scoresheet when sentencing her for the violation of probation in the 1988 case. Accordingly,…
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Nelson v. State, 720 So. 2d 1104 (Fla. 1st DCA 1998)…00(a) in his motion, “[t]he courts have the authority to treat prisoner petitions as if the proper remedy were sought if it would be in the interest of justice to do so.” See Hall v. State, 643 So. 2d 635 (Fla. 1st DCA 1994), citing Fenter v. State, 632 So. 2d 685 (Fla. 2d DCA 1994). The trial court addressed the jail credit issue in its orders, and because a clear discrepancy appears in the record in this case, we believe it appropriate to treat the case as though filed under the proper rule. REVERSED and…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991)
- Chambliss v. State, 579 So. 2d 388 (Fla. 2d DCA 1991)
- DeSANTIS v. State, 400 So. 2d 525 (Fla. 5th DCA 1981)