RICHARD MCDERMOTT
v.
STATE OF FLORIDA
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Richard McDermott appeals a trial court's summary denial of his Rule 3.850 postconviction relief motion. The appellate court reversed the summary denial as to Ground Three, which alleged the trial court failed to timely communicate a favorable plea offer and acceptance, but affirmed the denial of all other grounds.
The court reversed the summary denial as to Ground Three and remanded for an evidentiary hearing, finding that the allegation regarding failure to timely communicate a favorable plea offer presents a cognizable claim for postconviction relief requiring a hearing. The court affirmed the summary denial as to all other grounds.
[1] Summary denial of a Rule 3.850 postconviction motion is improper where the defendant alleges facts establishing that he did not receive timely communication of a favorabl…
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Join FLexlaw to unlock all legal intelligence“Richard McDermott appeals the trial court's summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.”
Establishes the nature of the appeal and the procedural mechanism used
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Join FLexlaw to unlock all legal intelligenceMcDermott sought postconviction relief under Florida Rule of Criminal Procedure 3.850 on multiple grounds, including an allegation in Ground Three tha…
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_____________________________ 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