WILLIE EDWARD COBB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1992-04-01
No. 91-0552
DELL and GUNTHER, JJ., concur., FARMER, J., dissenting with opinion.
595 So. 2d 590 Florida District Court of Appeal, Fourth District (1992)

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

DELL and GUNTHER, JJ., concur.

FARMER, J., dissenting with opinion.

Dissent
FARMER, Judge,

[*591] FARMER, Judge,

dissenting.

I 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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