McCluster v. State

Soloman McCluster challenges the denial of his posteonviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Of the many issues raised in his motion only one merits our attention, upon which we reverse.

Guilty pleas were accepted by the court to two counts of traffickmg in cocaine and one count of possession of cocaine. At the time of the plea, the state agreed to reduce in severity the grade of trafficking involved resulting in a less severe mandatory minimum sentence, and it concurred as well in a downward departure sentence. McCluster raises questions about the viability…