MURRY P. MCCUTCHEON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant waived his claims regarding competency by pleading guilty.
The defendant pled guilty to rape and later sought postconviction relief, alleging various grounds including ineffective assistance of counsel and err…
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MILLS, Judge.
This is an appeal from the trial court’s summary denial of a motion for postconviction relief made pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We affirm.
In 1974, McCutcheon pled guilty to the rape of his eleven-year-old daughter in return for the State’s recommended sentence of life imprisonment. The trial court accepted the plea and sentenced him in accordance with the State’s recommendation.
By way of a Rule 3.850 motion, he subsequently attacked the plea and sentence, contending that he was under the influence of psychotropic drugs when he tendered the plea, that he was denied effective assistance of counsel, that the trial court erred in sentencing him to life imprisonment, and that the trial court found that he was competent to stand trial and that he was competent at the time of the offense based upon the recommendation of only one psychiatrist. The trial court denied the motion without a hearing.
The record conclusively shows that the first three of these contentions are without merit. At the plea taking and sentencing hearing, McCutcheon stated that he was in full possession of his faculties even though he was under the influence of tranquilizers. He also stated that he was satisfied with his attorney. Finally, he stated that he was aware that the State had recommended a sentence of life imprisonment and that such a recommendation was acceptable to him.
Concerning whether the trial court erred in failing to appoint two experts to determine his mental competency, McCut-eheon seems to be complaining of a violation of Rules 3.210 and 3.216, Florida Rules of Criminal Procedure. These are rights which McCutcheon waived by pleading guilty.
AFFIRMED.
WENTWORTH, J., and McCORD, GUYTE P., Jr., (Ret.), Associate Judge, concur.
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Kirby v. State, 733 So. 2d 1054 (Fla. 1st DCA 1999)…fecting his ability to comprehend or understand the plea or what was occurring. Appellant responded that it was not. Thus, the record conclusively refutes appellant’s allegation and the trial court properly denied the claim. See McCutcheon v. State, 444 So. 2d 532 (Fla. 1st DCA 1984). Because the ineffectiveness claim was based on the same allegation, it, too, was properly denied. AFFIRMED. ERVIN, ALLEN and DAVIS, JJ., CONCUR.…
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Roush v. State, 468 So. 2d 1103 (Fla. 1st DCA 1985)…ould constitute “a substantial and serious deficiency measurably below that of competent counsel.” Knight v. State, 394 So. 2d 997 (Fla.1981). The court below, relying on Holloway v. State, 432 So. 2d 649 (Fla. 1st DCA 1983) and McCutcheon v. State, 444 So. 2d 532 (Fla. 1st DCA 1984), summarily denied appellant’s claim on grounds that appellant had expressly indicated satisfaction with the performance of his attorney by executing a plea waiver and consent form. The court overlooked the fact that the plea agre…