THOMAS MICHAEL BARNETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EVANDER, J.
In light of the Department of Corrections’ apparent recent denial of appellant’s request for administrative relief, we vacate the trial court’s denial of appellant’s motion to enforce plea agreement and remand this cause for reconsideration by the trial court. The trial court may either resen-tence Barnett consistent with the intent of the plea agreement after considering the Department of Corrections forfeiture of gain time or allow him to withdraw his plea. The Department of Corrections’ forfeiture of gain time cannot be countermanded by the court, but neither can that forfeiture thwart a plea agreement. Dellahoy v. State, 816 So. 2d 1253 (Fla. 5th DCA 2002).
REVERSED and REMANDED.
THOMPSON and MONACO, JJ., concur.
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Dellofano v. State, 946 So. 2d 127 (Fla. 5th DCA 2007)…horized- 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 2001), but I do not believe that we should continue to do so when there is no rule authorizing the motion. In other words, I agree with the Fourth District’s holdings in Ciehoski and…1 / 2
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Devoid v. State, 987 So. 2d 219 (Fla. 5th DCA 2008)…ment. The Department of Corrections may revoke gain time without being countermanded by the court, but such a forfeiture cannot thwart the terms of a plea agreement. Dellofano v. State, 946 So. 2d 127 (Fla. 5th DCA 2007). See also Barnett v. State, 933 So. 2d 1269 (Fla. 5th DCA 2006); Dellahoy v. State, 816 So. 2d 1253 (Fla. 5th DCA 2002). Mr. Devoid was, therefore, entitled to be resentenced in a manner that would have effectuated the plea agreement. Had he been properly resentenced, Mr. Devoid would have be…
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B.G. v. State, 213 So. 3d 1016 (Fla. 2d DCA 2017)…made incident thereto is invalid, and any evidence developed as a result thereof is inadmissible.” Johnson v. State, 395 So. 2d 594, 596 (Fla. 2d DCA 1981); see also Jenkins v. State, 102 So. 3d 739, 741 (Fla. 2d DCA 2012) (quoting Baymon v. State, 933 So. 2d 1269, 1270 (Fla. 2d DCA 2006)); see generally Wong Sun v. United States, 371 U.S. 471, 484, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963) (holding that evidence collected as the result of an illegal search must be suppressed during the trial). Further, when incrim…
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- Dellahoy v. State, 816 So. 2d 1253 (Fla. 5th DCA 2002)