Legal Opinion

McCutcheon v. State

District Court of Appeal of Florida

Decided August 18, 2010No. 4D09-2192, 4D09-3770, 4D09-4546, 4D10-304, 4D10-573PublishedCited by 33 opinions

1Per curiam

Rodney McCutcheon currently has five appeals pending, which we have consolidated for purposes of this opinion. We first address the merits, or lack thereof, of each appeal.

Rule 3.850 Summary Denial— 4B09-4546

In case number 4D09-4546, McCutcheon appeals the denial of his postconviction motion challenging his conviction for grand theft entered in Broward circuit court case number 85-1144. McCutcheon entered a plea in that case in 1987 while he was on parole for sexual battery in an unrelated case. Pursuant to the negotiated plea agreement, McCutcheon was placed on probation for six months with…

2Cases cited5 opinions

  1. Brown v. AllenSupreme Court of the United States · 1953
  2. Baker v. StateSupreme Court of Florida · 2004
  3. State v. SpencerSupreme Court of Florida · 1999
  4. Logan v. StateDistrict Court of Appeal of Florida · 2009
  5. Gusow v. StateDistrict Court of Appeal of Florida · 2009

3Cited by33 opinions

  1. McCutcheon v. StateSupreme Court of Florida · 2013
  2. Johnson Cuffy v. StateDistrict Court of Appeal of Florida · 2015
  3. Hinson v. StateDistrict Court of Appeal of Florida · 2011
  4. Ardis v. ArdisDistrict Court of Appeal of Florida · 2014
  5. Jacobs v. StateDistrict Court of Appeal of Florida · 2014

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