Dwyer v. State

981 So.2d 606 (2008)

David L. DWYER, Appellant,

v.

STATE of Florida, Appellee.

No. 4D07-2824.

District Court of Appeal of Florida, Fourth District.

May 14, 2008.

Mary Elizabeth Fitzgibbons, Kissimmee, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.

MAY, J.

The defendant[1] appeals the summary denial of his rule 3.850 motion for post-conviction relief. He argues that his 2001 plea agreement to a sentence of twenty-four years prison-time-only was breached when he was placed on probation prior to the end of his…