Fisher v. State
Fisher v. State
Opinion of the Court
Fisher appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. In four different criminal cases, based on a plea agreement, Fisher pled guilty on February 23, 1996, to possession of cocaine,
The Florida Supreme Court held in State v. Leroux, 689 So.2d 235 (Fla. 1996), that misrepresentation of counsel as to the length of a sentence a defendant must serve can be the basis for post-conviction relief. In Le-roux, the court also held that a defendant’s agreement during a plea colloquy that no one promised him or threatened him to obtain a guilty plea was insufficient to conclusively refute a later claim that counsel misrepresented the length of a sentence.
In this case the trial court accepted the defendant’s guilty plea without mentioning credit for time served or how it would be allocated. The only mention of credit for time served in the transcript presented to us was at the plea hearings where defense counsel said the agreement included “credit for time served on all.” That statement is ambiguous, at best.
Only after accepting the plea and sentencing Fisher did the trial court specify the amount of credit for each sentence, which
REVERSED and REMANDED for hearing.
. § 893.13(6)(a), Fla. Stat. (1993).
. § 890-23, Fla. Stat. (1993).
. § 893.13(l)(a)l„ Fla. Stat. (1993).
. § 893.135(l)(b)l.c„ Fla. Stat. (1993)
. § 812.019, Fla. Stat. (1993)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.