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Cioeta v. State

District Court of Appeal of Florida, Fourth District
Aug 13, 2008
987 So. 2d 815 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D08-1372.

August 13, 2008.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael G. Kaplan, Judge; L.T. Case No. 93-2501CF10A.

Don Cioeta, Miami, pro se.

No appearance required for appellee.


The order summarily denying appellant's Florida Rule of Criminal Procedure 3.850 motion is reversed and remanded for an evidentiary hearing on petitioner's claim that the Department of Correction's forfeiture of gain time has thwarted the intent of his negotiated plea agreement. See Hunt v. State, 922 So.2d 452 (Fla. 4th DCA 2006); Garvin v. State, 884 So.2d 470 (Fla. 4th DCA 2004). The trial court shall consider the appropriate remedy, specific performance or plea withdrawal, based on the circumstances of this case. See Cruz v. State, 976 So.2d 695, 697 (Fla. 4th DCA 2008); Spencer v. State, 623 So.2d 1211, 1213 (Fla. 4th DCA 1993); Santobello v. New York, 404 U.S. 257, 266-67, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971) (Justice Douglas concurring specially). See also Mehl v. State, 958 So.2d 465 (Fla. 4th DCA 2007); Hunt, 613 So.2d at 898.

Reversed and Remanded.

WARNER, GROSS and DAMOORGIAN, JJ., concur.


Summaries of

Cioeta v. State

District Court of Appeal of Florida, Fourth District
Aug 13, 2008
987 So. 2d 815 (Fla. Dist. Ct. App. 2008)
Case details for

Cioeta v. State

Case Details

Full title:Don CIOETA, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 13, 2008

Citations

987 So. 2d 815 (Fla. Dist. Ct. App. 2008)

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