From Casetext: Smarter Legal Research

Barnett v. State

District Court of Appeal of Florida, Fifth District
Jul 28, 2006
933 So. 2d 1269 (Fla. Dist. Ct. App. 2006)

Opinion

No. 5D06-514.

July 28, 2006.

Appeal from the Circuit Court for Orange County, John Marshall Kest, Judge.

Thomas Michael Barnett, East Palatka, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.


In light of the Department of Corrections' apparent recent denial of appellant's request for administrative relief, we vacate the trial court's denial of appellant's motion to enforce plea agreement and remand this cause for reconsideration by the trial court. The trial court may either resentence Barnett consistent with the intent of the plea agreement after considering the Department of Corrections forfeiture of gain time or allow him to withdraw his plea. The Department of Corrections' forfeiture of gain time cannot be countermanded by the court, but neither can that forfeiture thwart a plea agreement. Dellahoy v. State, 816 So.2d 1253 (Fla. 5th DCA 2002).

REVERSED and REMANDED.

THOMPSON and MONACO, JJ., concur.


Summaries of

Barnett v. State

District Court of Appeal of Florida, Fifth District
Jul 28, 2006
933 So. 2d 1269 (Fla. Dist. Ct. App. 2006)
Case details for

Barnett v. State

Case Details

Full title:Thomas Michael BARNETT, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 28, 2006

Citations

933 So. 2d 1269 (Fla. Dist. Ct. App. 2006)

Citing Cases

Dellofano v. State

Generally, the DOC may revoke gain-time without being countermanded by the court. See Barnett v. State, 933…

Lawrence v. State

While it is true that the Department of Corrections may revoke gain time without being countermanded by an…