Richard McDermott v. State of Florida

CourtDistrict Court of Appeal of Florida
DecidedFebruary 28, 2025
Docket6D2024-0386
StatusPublished

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.

Bluebook
Richard McDermott v. State of Florida, (Fla. Ct. App. 2025).

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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Richard McDermott v. State of Florida, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-mcdermott-v-state-of-florida-fladistctapp-2025.