JOHN H. GARVIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the trial court's denial of the motion but without prejudice to the appellant refiling a proper motion.
Appellant sought to enforce a plea agreement, alleging that the forfeiture of his gain time thwarted the bargain. The trial court summarily denied his…
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PER CURIAM.
John H. Garvin appeals a trial court order summarily denying his motion to enforce his plea agreement or vacate plea, in which he alleged that the forfeiture of his gain time by the Department of Corrections thwarted his plea bargain. Gar-vin’s motion did not comport with the requirements of Florida Rule of Criminal Procedure 3.850. The trial court summarily denied the motion as successive and redundant. Our review suggests that Gar-vin’s prior post-conviction motions challenged the legality of the forfeiture of jail and .gain time, but did not seek withdrawal of his plea agreement.
Appellant may have stated a legally cognizable claim for enforcement of his plea agreement or withdrawal of his plea. See 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 affirm the. trial court’s summary denial of this motion, but without prejudice to Garvin’s right to file a motion for post-conviction relief in the trial court on this claim which is verified and otherwise comports with the requirements of rule 3.850, and which demonstrates timeliness under that rule as well.
STEVENSON, TAYLOR and MAY, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Hunt v. State, 922 So. 2d 452 (Fla. 4th DCA 2006)…of justice. See State v. McBride, 848 So. 2d 287 (Fla.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 o…
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Cioeta v. State, 987 So. 2d 815 (Fla. 4th DCA 2008)…d remanded for an evidentiary hearing on petitioner’s claim that the Department of Correction’s forfeiture of gain time has thwarted the intent of his negotiated plea agreement. See Hunt v. State, 922 So. 2d 452 (Fla. 4th DCA 2006); Garvin v. State, 884 So. 2d 470 (Fla. 4th DCA 2004). The trial court shall consider the appropriate remedy, specific performance or plea withdrawal, based on the circumstances of this case. See Cruz v. State, 976 So. 2d 695, 697 (Fla. 4th DCA 2008); Spencer v. State, 623 So. 2d 12…
Authorities Cited
- Dellahoy v. State, 816 So. 2d 1253 (Fla. 5th DCA 2002)
- State v. Nashawn P. Jackson, 842 So. 2d 1040 (Fla. 3d DCA 2003)
- Williamson v. State, 841 So. 2d 694 (Fla. 2d DCA 2003)