Legal Opinion

BILLENS v. State

District Court of Appeal of Florida

Decided May 21, 2010No. 1D10-0435Published

1Per curiam

Appellant challenges the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The record does not conclusively refute the appellant’s claim that his plea was involuntary because he was under the influence of an anti-psychotic drug when he entered his plea. See Doward v. State, 802 So.2d 518, 519-520 (Fla. 5th DCA 2001) (“... because there is no transcript of the plea hearing attached to the order denying relief, we cannot determine whether the court questioned [defendant] about his medications and his ability to understand the consequences of entering a…

2Cases cited2 opinions

  1. Thomas v. StateDistrict Court of Appeal of Florida · 1998
  2. Doward v. StateDistrict Court of Appeal of Florida · 2001

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