Legal Opinion

Evans v. State

District Court of Appeal of Florida

Decided March 9, 1989No. 88-2355PublishedCited by 2 opinions

1Opinion of the Court

SMITH, Chief Judge.

Appellant appeals the summary denial of his motion for postconviction relief on the ground that it is facially insufficient. Though appellant’s motion is arguably con-clusory and borders on unintelligible, according the motion a liberal interpretation, we discern a marginally sufficient facial allegation — that appellant was mentally incompetent at the time of his plea and therefore his plea was involuntary. See Morrison v. State, 283 So.2d 137 (Fla. 2d DCA 1973); Maxwell v. State, 243 So.2d 10 (Fla. 2d DCA 1971); and Andrews v. State, 160 So.2d 726 (Fla. 3d DCA 1964). The…

2Cases cited3 opinions

  1. Andrews v. StateDistrict Court of Appeal of Florida · 1964
  2. Morrison v. StateDistrict Court of Appeal of Florida · 1973
  3. Maxwell v. StateDistrict Court of Appeal of Florida · 1971

3Cited by2 opinions

  1. Gust v. StateDistrict Court of Appeal of Florida · 1990
  2. McAroy v. StateDistrict Court of Appeal of Florida · 1992

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