Payne v. State

Appellant filed a rule 3.850, Florida Rules of Criminal Procedure, motion which was summarily denied by the trial court. The motion raised three grounds, two of which we find were properly denied. We do find, however, that the trial court erred in summarily denying the third ground for relief, that appellant was under the influence of psychotropic medication at the time she entered her plea.

The trial court denied appellant’s motion attaching a portion of the transcript of the plea conference and cited to Davis v. State, 716 So.2d 274 (Fla. 4th DCA 1998). We find that neither the transcript…