McCutcheon v. State

MILLS, Judge.

This is an appeal from the trial court’s summary denial of a motion for postconviction relief made pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We affirm.

In 1974, McCutcheon pled guilty to the rape of his eleven-year-old daughter in return for the State’s recommended sentence of life imprisonment. The trial court accepted the plea and sentenced him in accordance with the State’s recommendation.

By way of a Rule 3.850 motion, he subsequently attacked the plea and sentence, contending that he was under the influence of psychotropic drugs when he tendered the plea,…