Barnett v. State
This text of 933 So. 2d 1269 (Barnett v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Thomas Michael BARNETT, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
Thomas Michael Barnett, East Palatka, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for 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 resentence 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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Cite This Page — Counsel Stack
933 So. 2d 1269, 2006 WL 2080647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnett-v-state-fladistctapp-2006.