ANTON BERNARD BUSSEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Anton Bernard Bussey seeks review of an order that summarily denied his motion through which he sought to enforce a plea agreement. Bussey, entered into a negotiated plea to resolve charges associated with a violation of probation and new substantive offenses. Bussey was sentenced to 99.15 months in prison with credit for 4 years and 199 days time served. Within his motion to enforce plea agreement Bus-sey alleged that the Department of Corrections declared a forfeiture of 191 days. See § 944.28(1), Fla. Stat. (2003).
Bussey’s position is that the DOC’s actions thwarted the intent of the negotiated plea. Having reviewed the record provided, which includes a copy of the plea colloquy, we find that Bussey has stated a colorable claim. Hunt v. State, 922 So. 2d 452 (Fla. 4th DCA 2006); State v. Jackson, 842 So. 2d 1040 (Fla. 3d DCA 2003); Della-hoy v. State, 816 So. 2d 1253 (Fla. 5th DCA 2002); Williams v. Department of Corrections, 734 So. 2d 1132 (Fla. 3d DCA 1999). We therefore reverse and remand for an evidentiary hearing.
POLEN, TAYLOR and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Baker v. State, 995 So. 2d 1171 (Fla. 4th DCA 2008)…his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further review of the claims on the merits. As the state recognizes in its response to this court, the claims are cognizable. See e.g. Bussey v. State, 929 So. 2d 708 (Fla. 4th DCA 2006); Murphy v. State, 930 So. 2d 794 (Fla. 1st DCA 2006). On remand, the trial court should either attach portions of the record conclusively refuting Baker’s claims or conduct an evi-dentiary hearing. The trial court is requested…
Authorities 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)
- State v. Nashawn P. Jackson, 842 So. 2d 1040 (Fla. 3d DCA 2003)
- Hunt v. State, 922 So. 2d 452 (Fla. 4th DCA 2006)