Smith v. State

John Smith appeals the summary denial of his motion for postconviction relief. We reverse.

Smith claims that he was promised a sentence of no more than two and one-half years if he would enter a plea to escape *464charges. Instead, he received four years. If so, Smith would be entitled either to enforce the plea agreement or, if the trial court were unwilling to accept the agreement, withdraw his plea. See, e.g., Devard v. State, 504 So.2d 28 (Fla. 2d DCA 1987).

The trial court’s order states that Smith did, in fact, receive the sentence he was promised. Attached to that order is a transcript of…