Florida District Courts of Appeal, 2009

Adams v. State

Adams v. State
Florida District Courts of Appeal · Decided August 19, 2009 · Farmer, Warner
16 So. 3d 260; 2009 Fla. App. LEXIS 11598; 2009 WL 2517050 (Southern Reporter, Third Series)

Adams v. State

Opinion

PER CURIAM.

Edward Adams appeals the trial court order summarily denying his motion to enforce plea agreement filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for an evidentiary hearing or record attachments refuting his claim that the Department of Correction’s forfeiture of his gain time thwarted the intent of his negotiated plea agreement. See Cioeta v. State, 987 So.2d 815 (Fla. 4th DCA 2008); Hunt v. State, 922 So.2d 452 (Fla. 4th DCA 2006).

Reversed and remanded.

WARNER, FARMER and MAY, JJ, concur.

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