THE STATE OF FLORIDA, APPELLANT,
v.
NASHAWN P. JACKSON, APPELLEE
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Florida appeals a trial court's order granting a defendant's motion for judicial enforcement of a plea agreement after the Department of Corrections forfeited gain time credits upon the defendant's return to prison for a probation violation. The court affirmed, holding that while courts cannot directly countermand the forfeiture of gain time, they can enforce plea agreements when that forfeiture thwarts the negotiated terms.
The trial court properly granted the motion for judicial enforcement of the plea agreement and vacated the probation revocation. Although courts cannot directly countermand the Department of Corrections' forfeiture of gain time, they can enforce plea agreements when that forfeiture undermines the negotiated terms.
[1] A trial court may enforce a plea agreement or allow a defendant to withdraw their plea when the Department of Corrections' actions thwart the intent of the negotiated agr…
[2] When a defendant's gain time is forfeited by the Department of Corrections in a manner that undermines a plea agreement, the trial court can grant a motion for judicial e…
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Join FLexlaw to unlock all legal intelligence“the forfeiture of the Defendant's gain time by the Department of Corrections thwarted the intent of the negotiated plea agreement”
Establishes the core reasoning for upholding the trial court's grant of the enforcement motion
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Join FLexlaw to unlock all legal intelligenceJackson pleaded guilty in 1993 to two counts of sexual battery in exchange for a seven-year sentence followed by ten years of probation, with a requir…
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PER CURIAM.
The State of Florida appeals the trial court’s Order Granting Defendant’s Motion for Judicial Enforcement of Plea Agreement or Vacation of Plea. We affirm.
On July 26, 1993, the Defendant, Na-shawn Jackson, entered a plea of guilty to two counts of sexual battery upon a person less than 12 years of age. Under the terms of the plea agreement, the Defendant pled guilty in exchange for a seven-year term of imprisonment, followed by ten years of probation. The agreement also required the Defendant to complete a Mentally Disordered Sex Offender (MDSO) program. The Defendant was released from state prison on November 26, 1996, after receiving approximately 44 months of gain time and serving 40 months of his sentence.
On August 7, 2001, an Affidavit of Violation of Probation was filed, alleging that the Defendant had violated the terms of his probation by committing a battery on or about July 27, 2001.
On November 28, 2001, the Defendant admitted to the violation of probation in exchange for a revocation of probation and a sentence of 20 months imprisonment with 131 days of credit for time served.
On June 7, 2002, the Defendant filed a Motion for Judicial Enforcement of Negotiated Plea Agreement, or Alternatively, for Vacation of Said Plea Agreement, which stated that the Department of Corrections reinstated the 44 months originally credited as gain time because he returned to state prison following the judgment and sentence for the probation violation. The Defendant asked the trial court to resentence him so as to give full effect to the terms of the plea agreement or, alternatively, to allow him to withdraw his guilty plea. The trial court granted the motion and stated that it would schedule a resentencing hearing. This appeal follows.
The trial court properly granted the Defendant’s Motion for Judicial Enforcement of Plea Agreement or Vacation of Plea and vacated the revocation of probation because the forfeiture of the Defendant’s gain time by the Department of Corrections thwarted the intent of the negotiated plea agreement. See Williams v. Department of Corrections, 734 So. 2d 1132, 1133 (Fla. 3d DCA 1999); see also Dellahoy v. State, 816 So. 2d 1253 (Fla. 5th DCA 2002); Wallace v. State, 793 So. 2d 78 (Fla. 2d DCA 2001).
Although there may be a suggestion inherent in the trial court’s Order that the trial court had the authority to countermand the Department of Corrections’ forfeiture of gain time,1 it is clear that the trial court cannot, and did not, take any action which had the effect of rescinding the forfeiture of gain time.
Affirmed.
. "The [Department of Corrections’] forfeiture of the gain time cannot be countermanded by the court, but neither can that forfeiture thwart the plea bargain.” Dellahoy, 816 So. 2d at 1253.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Hunt v. State, 922 So. 2d 452 (Fla. 4th DCA 2006)….2003); Strazzulla v. Hendrick, 177 So. 2d 1 (Fla.1965). Instead, we now hold that appellant has stated a colorable claim of entitlement to enforcement of his plea agreement. See Garvin v. State, 884 So. 2d 470 (Fla. 4th DCA 2004); State v. Jackson, 842 So. 2d 1040 (Fla. 3d DCA 2003); Williamson v. State, 841 So. 2d 694 (Fla. 2d DCA 2003); Dellahoy v. State, 816 So. 2d 1253 (Fla. 5th DCA 2002). We therefore reverse and remand for an evidentiary hearing or attachment of portions of the trial court records ref…
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Etienne v. State, 994 So. 2d 450 (Fla. 3d DCA 2008)…ime forfeiture means defendant is facing a longer sentence than agreed. Defendant is entitled to relief on this basis. See Devoid v. State, 987 So. 2d 219 (Fla. 5th DCA 2008); Dellofano v. State, 946 So. 2d 127 (Fla. 5th DCA 2007); State v. Jackson, 842 So. 2d 1040 (Fla. 3d DCA 2003); Dellahoy v. State, 816 So. 2d 1253 (Fla. 5th DCA 2002); Wallace v. State, 793 So. 2d 78 (Fla. 2d DCA 2001). We, therefore, reverse the trial court’s denial of the habeas petition. We remand to the trial court with instructions…
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Chase v. State, 57 So. 3d 898 (Fla. 1st DCA 2011)…t to withdraw from his plea”); Etienne v. State, 994 So. 2d 450 (Fla. 3d DCA 2008) (a defendant is entitled to have a plea agreement enforced if the DOC’s forfeiture of gain time thwarted the intent of a negotiated plea agreement); State v. Jackson, 842 So. 2d 1040 (Fla. 3d DCA 2003) (although it is clear trial court cannot rescind DOC’s forfeiture of gain time, it could grant a motion to enforce plea where that forfeiture thwarted the intent of negotiated plea agreement), and cases cited therein; Dellahoy v.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dellahoy v. State, 816 So. 2d 1253 (Fla. 5th DCA 2002)
- Williams v. The Dep't OF Corr., 734 So. 2d 1132 (Fla. 3d DCA 1999)
- Wallace v. State, 793 So. 2d 78 (Fla. 2d DCA 2001)