Cobb v. State

Full title: WILLIE EDWARD COBB, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 1, 1992

595 So. 2d 590 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-0552.

April 1, 1992.

Appeal from the Circuit Court for Palm Beach County; Marvin U. Mounts, Jr., Judge.

Peter Birch, Birch and Murrell, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Barakat, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

DELL and GUNTHER, JJ., concur.

FARMER, J., dissenting with opinion.

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.