Legal Opinion

McWilliams v. State

District Court of Appeal of Florida

Decided June 15, 1993No. 92-1424Published

1Opinion of the Court

ERVIN, Judge.

Appellant, Jack T. McWilliams, appeals the denial of his motion for post-conviction relief. McWilliams claimed that the state breached its plea agreement based on certain letters sent by the state attorney, law enforcement officers, and circuit court judges to the Florida Parole and Probation Commission (“Commission”) recommending against his imminent parole. We agree that the state breached its agreement, but affirm the denial of relief, because in our judgment McWilliams waived his right to an available remedy by failing to challenge an earlier breach by the state of the same…

2Cases cited5 opinions

  1. Lee v. StateSupreme Court of Florida · 1987
  2. Fortini v. StateDistrict Court of Appeal of Florida · 1985
  3. WELLS FARGO ARM. SERVS. CORP. v. Sunshine SEC. and Detective Agency, Inc.Supreme Court of Florida · 1991
  4. Glover v. StateDistrict Court of Appeal of Florida · 1984
  5. McWilliams v. StateDistrict Court of Appeal of Florida · 1990

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