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595 So. 2d 590

Cobb v. State

District Court of Appeal of Florida · decided 1992-04-01

Relies on 486 So. 2d 57 - Deprycker v. State · 496 So. 2d 191 - Lamar v. State

Decided 1992-04-01

FARMER, Judge,

¶1dissenting.

¶2I 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.

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