Florida District Courts of Appeal, 1992

Cobb v. State

Cobb v. State
Florida District Courts of Appeal · Decided April 1, 1992 · Dell, Farmer, Gunther
595 So. 2d 590; 1992 Fla. App. LEXIS 3887; 1992 WL 63111 (Southern Reporter, Second Series)

Cobb v. State

Dissenting Opinion

FARMER, Judge,

dissenting.

I think a reversal is required for a change of plea. In my opinion, Cobb made a sufficient showing under Lamar v. State, 496 So.2d 191 (Fla. 4th DCA 1986), that his guilty plea was based on a misapprehension, unwittingly fostered by the state, that he was exposed to a life sentence. The facts and issue here are also indistinguishable from Deprycker v. State, 486 So.2d 57 (Fla. 3d DCA 1986). I would let him take his chances with a jury and, if he be found guilty, the consequent sentence.

Opinion of the Court

PER CURIAM.

AFFIRMED.

DELL and GUNTHER, JJ., concur. FARMER, J., dissenting with opinion.

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