Garcia v. State

Jose Bernard Garcia appeals the summary denial of his rule 3.850 motion. See Fla. R. Crim. P. 3.850. Because two interrelated claims are not refuted by the record, we reverse in part, but affirm the remaining grounds without comment.

Garcia entered a negotiated plea in six separate cases. The combined sentence totaled forty years and included a provision that Garcia would be given a six-day furlough. Upon timely return, per the plea agreement, his sentences would be *443mitigated to concurrent five-year sentences for a total of five years imprisonment. When Garcia did not appear at the…