MILLER SEABROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant filed a motion to enforce a plea agreement after being sentenced for violating his probation. In it, he alleged that the trial court had ordered that he receive credit for gain time earned during his prior prison term. However, the Department of Corrections forfeited that credit. Appellant claims he is entitled to either the credit or resentencing in a manner that effectuates the intent of the court’s order. He cites Wallace v. State, 793 So. 2d 78, 79 (Fla. 2d DCA 2001), as authority for the trial court to consider a “motion to enforce a plea agreement.” While we acknowledge that the second district authorized the trial court to consider such a motion, under the Rules of Criminal Procedure, the only avenue available to appellant is rule 3.850. See Gadley v. State, 781 So. 2d 488 (Fla. 4th DCA 2001); Jenkins v. State, 625 So. 2d 88 (Fla. 1st DCA 1993). We therefore affirm without prejudice to appellant filing a proper rule 3.850 motion within thirty days of the date of this opinion.
GUNTHER, WARNER and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (31 total)
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Ives v. State, 993 So. 2d 117 (Fla. 4th DCA 2008)…s for enhanced sentencing, while not cognizable in a rule 3.800(a) motion, “must be” raised in a rule 3.850 motion. See e.g. Zafara v. State, 900 So. 2d 675 (Fla. 3d DCA 2005); Reese v. State, 899 So. 2d 428, 429 (Fla. 3d DCA 2005); Cooper v. State, 817 So. 2d 934 (Fla. 3d DCA 2002) (pertaining to claims of improper notice for enhanced sentencing). We agree that rule 3.850 may provide a remedy but only when the movant can show prejudice from the alleged procedural deficiency, such as an illegal sentence. A r…
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Dellofano v. State, 946 So. 2d 127 (Fla. 5th DCA 2007)…Rule of Criminal Procedure 3.850. See Cichoski v. State, 874 So. 2d 695 (Fla. 4th DCA 2004) (affirming denial of motion to enforce plea agreement on grounds that motion is not authorized- by Florida Rules of Criminal Procedure); Seabrooks v. State, 817 So. 2d 934 (Fla. 4th DCA 2002) (same). I recognize that wé have entertained appeals from orders on motions to enforce plea agreements in the past, see, e.g., Barnett v. State, 933 So. 2d 1269 (Fla. 5th DCA 2006); Jones v. State, 782 So. 2d 552 (Fla. 5th DCA 20…
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Gibson v. State, 897 So. 2d 493 (Fla. 3d DCA 2005)…PER CURIAM. Affirmed. See Bover v. State, 797 So. 2d 1246 (Fla.2001); Cooper v. State, 817 So. 2d 934 (Fla. 3d DCA 2002).…
Previewing 3 of 31 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 625 So. 2d 88 (Fla. 1st DCA 1993)
- Wallace v. State, 793 So. 2d 78 (Fla. 2d DCA 2001)
- Gadley v. State, 781 So. 2d 488 (Fla. 4th DCA 2001)
- COX v. State, 781 So. 2d 488 (Fla. 4th DCA 2001)