Tillman v. State
Tillman v. State
Opinion of the Court
Christopher Love Tillman appeals the summary denial of his motion for postconviction relief asserting that the provisions of the plea agreement did not include $13,000.00 in restitution ordered by the court and that his attorney was ineffective for failing to object to imposition of such restitution. Tillman claims restitution was added to his sentence after the court accepted his guilty plea. The trial court’s order fails to refute all of Tillman’s allegations. Therefore, we reverse and remand as to the restitution and ineffectiveness issues as explained below.
The trial court intimates that Tillman is attempting to go behind the plea after accepting the benefits of the bargain; however, it does not provide this court with a copy of the plea agreement to support its conclusion. See McManamon v. State, 609 So.2d 91 (Fla. 1st DCA 1992). A defendant may raise the issue of the court’s failure to comply with the terms of the plea agreement in a motion for postconviction relief without having moved to withdraw the plea prior to sentencing. See Eggers v. State, 624 So.2d 336 (Fla. 1st DCA 1993).
Affirmed in part, reversed in part, and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.