Elbert v. State

Richard Elbert appeals the order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although Elbert raised numerous grounds for relief, the only meritorious issue concerns the trial court’s failure to give Elbert the opportunity to withdraw his plea because the addition of the three-year minimum mandatory provision changed the sentence so that it was not in accordance with his plea agreement.

On March 29, 1995, Elbert entered into a written plea agreement for a specific sentence of twenty-five years in prison as a habitual felony…