Joan CRAMER, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· October 1, 2014 · Docket No. 4D13-3791
149 So. 3d 143
Syllabus
Joan CRAMER, Appellant, v. STATE of Florida, Appellee. No. 4D13-3791. District Court of Appeal of Florida, Fourth District. Oct. 1, 2014. Benjamin Scutellaro and Fred Haddad of Fred Haddad, P.A., Fort Lauderdale, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
Full Opinion (900 characters)
PER CURIAM, Joan Cramer appeals the summary denial of her rule 3.850 motion, alleging that the State failed to make sentencing recommendations pursuant to the terms of a substantial assistance agreement, which was agreed upon prior to entry of her plea. The State alleged that it was not obligated to fulfill the agreement in light of Cram-er’s failure to appear at her first sentencing hearing. Both parties state that the substantial assistance agreement was memorialized on tape. Because that agreement is not part of this Court’s record, nor were the terms discussed during the plea hearing or shown in the written plea agreement, the record does not refute her allegations. We reverse and remand for the trial court to attach portions of the record refuting her claim or to conduct an evidentiary hearing on the motion. Reversed and Remanded. DAMOORGIAN, C.J., STEVENSON and CIKLIN, JJ., concur.
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