Foster v. State

Sirwayman Foster appeals the order denying his motion filed under Florida Rule of Criminal Procedure 3.850. We reverse.

In his postconviction motion, Foster alleged that he entered into a plea agreement whereby he admitted- violating his probation in exchange for a sentence- of seven years’ imprisonment with credit for all previous prison time served on the offenses as well'as for all jail time served after his arrest. He argued that the Department of Corrections’ forfeiture of 259 days of his gain time after he was sentenced thwarted the intent of his plea agreement that he serve seven years…