Bussey v. State (929 So. 2d 708, 2006)

PER CURIAM.

Anton Bernard Bussey seeks review of an order that summarily denied his motion through which he sought to enforce a plea agreement. Bussey, entered into a negotiated plea to resolve charges associated with a violation of probation and new substantive offenses. Bussey was sentenced to 99.15 months in prison with credit for 4 years and 199 days time served. Within his motion to enforce plea agreement Bus-sey alleged that the Department of Corrections declared a forfeiture of 191 days. See § 944.28(1), Fla. Stat. (2003).

Bussey’s position is that the DOC’s actions thwarted the intent of the negotiated plea. Having reviewed the record provided, which includes a copy of the plea colloquy, we find that Bussey has stated a colorable claim. Hunt v. State, 922 So.2d 452 (Fla. 4th DCA 2006); State v. Jackson, 842 So.2d 1040 (Fla. 3d DCA 2003); Della-hoy v. State, 816 So.2d 1253 (Fla. 5th DCA 2002); Williams v. Department of Corrections, 734 So.2d 1132 (Fla. 3d DCA 1999). We therefore reverse and remand for an evidentiary hearing.

POLEN, TAYLOR and HAZOURI, JJ., concur.