Dayton v. State

In this Anders1 appeal, Howard L. Dayton, Sr., seeks review of an order denying his motion to withdraw his plea, admitting that he violated the probationary portion of his split sentence. Pursuant to a plea agreement with the State, Dayton was sentenced to a year and a day for the violation. In his motion to withdraw that plea, Dayton claimed the plea was not voluntarily entered because he did not understand that the Department of Corrections could revoke almost ten years of gain time earned on his original split sentence. The trial court denied the motion, finding that the forfeiture of gain…