Brakeall v. State

Clarence Brakeall appeals the denial of his motion for postconviction relief brought *378pursuant to Florida Rule of Criminal Procedure 3.850. Brakeall pleaded guilty to DUI manslaughter in exchange for a negotiated plea of eight years in prison. He alleges that his attorney told him that he would serve only forty-seven months of that sentence and that the trial court confirmed this at his plea hearing by stating that he would serve “forty something”. months. A copy of the transcript of the plea hearing verifies that the judge made this statement. According to Brakeall, however, when he arrived…