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McCray v. State

District Court of Appeal of Florida, Second District
Jun 9, 2000
760 So. 2d 988 (Fla. Dist. Ct. App. 2000)
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Summary

reversing and remanding where defendant's letter to State indicating that he would plead guilty in exchange for concessions was erroneously admitted

Summary of this case from Nunes v. State
See 2 Summaries

Opinion

No. 2D99-3002.

June 9, 2000.

Appeal from the Circuit Court, Pinellas County, Richard A. Luce, J.

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.

GREEN, Judge.

The defendant, Robert McCray, appeals the trial court's judgment and sentence adjudicating him guilty of burglary (count 1) and petit theft (count 2) and sentencing him as a habitual felony offender and prison releasee reoffender to fifteen years of imprisonment on count 1 and to time served on count 2. We reverse.

McCray contends that the trial court erred by admitting into evidence the following letter written by him and sent to the state attorney shortly before trial.

Yes! I would like to make a change of plea, I'll plea guilty to both counts, only

Summaries of

McCray v. State

District Court of Appeal of Florida, Second District
Jun 9, 2000
760 So. 2d 988 (Fla. Dist. Ct. App. 2000)

reversing and remanding where defendant's letter to State indicating that he would plead guilty in exchange for concessions was erroneously admitted

Summary of this case from Nunes v. State

In McCray, the Second District followed Russell in holding that a similar unsolicited letter from the defendant to the state attorney was an offer to plead guilty and was therefore inadmissible under the plain language of section 90.410 and rule 3.172(i).

Summary of this case from Calabro v. State
Case details for

McCray v. State

Case Details

Full title:Robert McCRAY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jun 9, 2000

Citations

760 So. 2d 988 (Fla. Dist. Ct. App. 2000)

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Calabro v. State

However, notwithstanding the similarities between the circumstances in Davis and Calabro, we agree with the…

Nunes v. State

Similarly, offers to plead in exchange for certain concessions are inadmissible under rule 3.172(i) and…

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