Legal Opinion

McPhee v. State

District Court of Appeal of Florida

Decided October 31, 2001No. 3D01-1921Published

1Opinion of the Court

ON MOTION FOR REHEARING

2Per curiam

We grant appellant Kevin McPhee a/k/a Donte Ramon Laws’s motion to recall the mandate and for rehearing, withdraw our previously issued opinion and replace it with the following:

In 1994, McPhee was convicted of manslaughter after entering a negotiated plea of nolo contendere. He filed a timely Rule 3.850 motion for post-conviction relief pursuant to Wood v. State, 750 So.2d 592 (Fla.1999), contending that he was not advised by his attorney that his plea possibly could be used to enhance future sentences.

We affirm the order denying relief based on our opinions in Rhodes…

3Cases cited5 opinions

  1. Wood v. StateSupreme Court of Florida · 1999
  2. Major v. StateDistrict Court of Appeal of Florida · 2001
  3. Rhodes v. StateDistrict Court of Appeal of Florida · 1997
  4. Bismark v. StateDistrict Court of Appeal of Florida · 2001
  5. Baker v. StateDistrict Court of Appeal of Florida · 2001

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