Poitier v. State

FULMER, Judge.

Melvin A. Poitier appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

On September 28, 2000, Poitier pleaded no contest to grand theft and dealing in stolen property. His plea agreement reflected negotiated sentences of sixty months in prison. In the transcript of the plea and sentencing hearing, the court, the prosecutor, and Poitier all referred to five-year sentences. The transcript, however, reflects that the trial court orally pronounced concurrent sixteen-month sentences, and the written…