Richard McDermott v. State of Florida
This text of Richard McDermott v. State of Florida (Richard McDermott v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
Case No. 6D2024-0386 Lower Tribunal Nos. CF22-000639-XX, CF17-008374-XX, CF22-007214-XX, CF21-002781-XX, CF22-008798-XX, and CF17-000158-XX _____________________________
RICHARD MCDERMOTT
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County. Cassandra L. Denmark, Judge.
February 28, 2025
PER CURIAM.
Richard McDermott appeals the trial court’s summary denial of his motion for
postconviction relief under Florida Rule of Criminal Procedure 3.850. Regarding
Ground Three, alleging a failure to timely communicate a favorable plea offer and
acceptance, this Court reverses the summary denial and remands for an evidentiary
hearing related to the same. See Fla. R. Crim. P. 3.850(f)(8). This Court affirms as
to all other grounds and issues raised. AFFIRMED in part, REVERSED in part, and REMANDED for further
proceedings.
TRAVER, C.J., and NARDELLA and SMITH, JJ., concur.
Richard McDermott, Avon Park, pro se.
James Uthmeier, Attorney General, Tallahassee, and David Campbell, Assistant Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
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