District Court of Appeal of Florida October 22, 2003, No. 02-1040 (Fisher v. State)

PER CURIAM.

Ben Fisher (“Fisher”) appeals the trial court’s order summarily denying his mo*69tion for post conviction relief. We reverse and remand for farther proceedings.

In his motion, Fisher alleged that at sentencing, the trial court stated it would retain jurisdiction to modify Fisher’s sentence for early release once he completed the Tier program.