Fowler v. State

COBB, Judge.

The prior decision and the mandate issued in this cause are hereby withdrawn,1 and Fowler’s motion for post-conviction relief is granted pursuant to State v. Green, 421 So.2d 508 (Fla.1982) and Grice v. State, 428 So.2d 672 (Fla. 5th DCA 1982).

In Green, the Supreme Court held that “if a judge wishes to retain jurisdiction, a defendant must be advised, prior to pleading guilty or nolo contendere, that the court can retain jurisdiction over a part of the sentence.” 421 So.2d at 510. In this case, Fowler has alleged that he was not informed of the possibility of retention pri- or to…