Shofner v. State

MILLS, Judge.

Following the denial of his motion for postconviction relief, made pursuant to Rule 3.850, Florida Rules of Criminal Procedure, Shofner appealed, contending the trial court erred in retaining jurisdiction over the first one-third of his sentence. We agree and reverse.

Shofner was charged by information with two counts of armed robbery. He subsequently entered into a plea agreement in which the State agreed to recommend a sentence of ten years in return for his guilty plea. At the hearing, the trial court advised Shofner on several occasions that the State’s recommendation was not…