Fisher v. State

PETERSON, Judge.

Melvin Fisher appeals the summary denial of his motion for post-conviction relief under rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand for an evidentiary hearing on the only issue having merit: whether the trial court’s sentence of imprisonment followed by probation was in excess of the sentence agreed upon in the plea agreement. The procedural path chosen by Fisher is correct pursuant to Hadden v. State, 555 So.2d 430 (Fla. 2d DCA 1990).

The state agreed to nol-pros two of the three cases against Fisher in return for his entering a plea of nolo…