Florida District Courts of Appeal, 1992

McCutcheon v. State

McCutcheon v. State
Florida District Courts of Appeal · Decided March 4, 1992 · Anstead, Stone, Warner
595 So. 2d 244; 1992 Fla. App. LEXIS 1890; 1992 WL 38312 (Southern Reporter, Second Series)

McCutcheon v. State

Dissenting Opinion

STONE, Judge,

dissenting.

In my judgment, the limited plea “colloquy” here is not sufficient to refute the appellant’s allegation that he was not advised of the consequences of his plea. The appellant says that he accepted the plea proposal conditioned on the sentence running concurrently with a sentence for which appellant was on parole at the time of the crime. Nothing in the record conclusively refutes this allegation. Although the record does reflect that counsel discussed the defendant’s “parole situation” with him, it is silent as to the content of that discussion. In the face of appellant’s statements in his petition, an evidentiary hearing should be held in order to determine whether appellant was sufficiently advised of the consequences of his plea. E.g., Smith v. State, 556 So.2d 804 (Fla. 2d DCA 1990).

Opinion of the Court

PER CURIAM.

AFFIRMED.

ANSTEAD and WARNER, JJ„ concur. STONE, J., dissents with opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.