Capshaw v. State

Richard D. Capshaw appeals the summary denial of his motion to vacate sentence for the crime of robbery. He contends that the record does not conclusively show that he is entitled to no relief.

We agree with appellant and reverse.

In his motion appellant alleged ineffective assistance of counsel because his appointed attorney failed to inform him that he may have lacked mens rea which could be asserted as a defense, and did not inform *430the court that appellant was too sedated to intelligently plead guilty to the charge.

The trial judge summarily denied the motion on the basis of a transcript of…