Clark v. State

Charles Joseph Clark appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. In the motion, Clark alleged (1) his plea was induced by counsel’s mistaken advice that he would be eligible for provisional gain time and (2) his sentence was not in accordance with the plea agreement. If these allegations are true, then Clark may be entitled to relief. See Tarpley v. State, 566 So.2d 914 (Fla.2d DCA 1990); Cannon v. State, 548 So.2d 1182 (Fla.2d DCA 1989).

The trial court denied the motion without an evidentiary hearing. Rather…