Schenck v. State

I respectfully dissent. In Schenck v. State, 654 So.2d 593 (Fla. 4th DCA 1995), we reversed the summary denial of this defendant’s motion for post-conviction relief. We remanded for an evidentiary hearing or attachment of record excerpts disproving defendant’s claim that his plea was rendered involuntary by his schizophrenia and/or the psychotropic medication he was receiving at that time.

The written plea agreement set forth that defendant had previously been found insane or incompetent, but was now competent. It further contained the handwritten explanation that defendant was currently being…