Ramos-Perez v. State

The defendant, Roger E. Ramos-Perez, appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. For the reasons stated below, we reverse and remand.

The defendant entered into a plea agreement in which he admitted to violating his probation in exchange for a sentence of 366 days in state prison. After he was sentenced, the Department of Corrections forfeited 177 days of gain time he received in his original sentence. The defendant argues, in his post-conviction motion, the reinstatement of the 177 days of gain time will result in an increase of…