Clemons v. State

Terrace C. Clemons appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. He contends that he is entitled to have his sentence of five years imprisonment set aside and a five month jail sentence imposed in lieu thereof, pursuant to the terms of his original plea agreement.

In his 3.850 motion, appellant alleged that he entered a guilty plea to possession of cocaine upon a plea agreement that he would receive five months in the Palm Beach county jail. He requested a furlough pending sentencing and the trial court granted it…