Derks v. State

477 So.2d 23 (1985)

Thomas Edison DERKS, Jr., Appellant,

v.

STATE of Florida, Appellee.

No. BF-204.

District Court of Appeal of Florida, First District.

October 9, 1985.

Rehearing Denied November 6, 1985.

Thomas Edison Derks, Jr., pro se.

Jim Smith, Atty. Gen., John M. Koenig, Jr., Asst. Atty. Gen., for appellee.

SHIVERS, Judge.

This is an appeal from a summary denial of appellant's 3.850 motion. We reverse and remand for an evidentiary hearing by the trial court.

Appellant alleged, as a basis for his motion for post-conviction relief, that he was unable to understand the nature and consequences of his…