FISHER v. STATE

No. 91-808.

583 So.2d 421 (1991)

Melvin FISHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 1, 1991.


Attorney(s) appearing for the Case

Melvin Fisher, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellee.


PETERSON, Judge.

Melvin Fisher appeals the summary denial of his motion for post-conviction relief under rule 3.850, Florida Rules of Criminal Procedure. We reverse and remand for an evidentiary hearing on the only issue having merit: whether the trial court's sentence of imprisonment followed by probation was in excess of the sentence agreed upon in the plea agreement. The procedural path chosen by Fisher is correct pursuant to Hadden v. State,

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