CUNNINGHAM v. STATE

No. 95-2336.

677 So.2d 929 (1996)

Jay CUNNINGHAM t/n Milford Pinckney, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 26, 1996.


Attorney(s) appearing for the Case

Lynn G. Waxman of Lynn G. Waxman, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee; and Aubin Wade Robinson, Assistant Attorney General, West Palm Beach, for appellee.


PARIENTE, Judge.

Defendant appeals the trial court's denial of his motion to vacate his plea prior to sentencing. We affirm the denial, finding no abuse of discretion by the trial court. We write to distinguish this court's recent decision in Roberts v. State, 670 So.2d 1042 (Fla. 4th DCA 1996).

Pursuant to a plea bargain, defendant pled guilty to charges of second-degree murder and robbery with a firearm. Following...

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