Perez v. State

The defendant appeals an order denying his Florida Rule of Criminal Procedure 3.850 motion. We reverse.

The court apparently denied the motion based on a conclusion that the defendant was seeking a mitigation of his sentence. The relief sought by the motion is actually the enforcement of the defendant’s plea agreement. The motion explains that the defendant pled to an eight year sentence following a violation of parole and a prior period of incarceration. However, the Department of Corrections [DOC] has added one year of forfeited gain time to that agreed sentence. As a result, instead of the…