Brewster v. State

SCHEB, Judge.

This appeal is from the trial court’s summary denial of a motion seeking post-conviction relief under Florida Rule of Criminal Procedure 3.850.

Defendant raises three points in his motion, only two of which have merit. Defendant first alleges that his sentence was in excess of the maximum authorized by law, and second, that the trial court violated the plea bargain negotiated by defendant. These allegations, if true, would entitle defendant to relief. However, the trial court failed to either conduct an eviden-tiary hearing or attach relevant portions of the record which refute…