Legal Opinion

Whitley A. McRae v. State

District Court of Appeal of Florida

Decided November 10, 2016No. 5D16-2444Published

1Per curiam

Whitley A, McRae appeals the summary denial of her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds Two, Three, and Four. In Ground One, McRae alleges her plea was involuntary due to a combination of psychotropic medications she was taking at the time she entered her plea. Although she did not allege that counsel was ineffective, we construe Ground One as if she had. See Barnhill v. State, 828 So.2d 405, 407 (Fla. 5th DCA 2002) (“[A] claim regarding the involuntariness of a defendant’s plea, when raised by the filing of a…

2Cases cited5 opinions

  1. Freeman v. StateSupreme Court of Florida · 2000
  2. Maharaj v. StateSupreme Court of Florida · 1996
  3. Barnhill v. StateDistrict Court of Appeal of Florida · 2002
  4. Jackson v. StateDistrict Court of Appeal of Florida · 2001
  5. Pagliaro v. StateDistrict Court of Appeal of Florida · 2007

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