Legal Opinion

Barrett v. State

District Court of Appeal of Florida

Decided December 24, 2008No. 4D08-2925Published

1Opinion of the CourtMay, J.

The defendant appeals the denial of his rule 3.850 motion for post-conviction relief. He argues the trial court erred in summarily denying his motion. We agree and reverse.

The motion alleged that at the time the defendant committed the charged offense of strong arm robbery, he was “under the influence of Prescribed Medications to wit: Seroquel, Klonopin, Lithium, Zoloft, and Navane,” which had been prescribed for him. He attached a “Medication Administration Record” that revealed he had been diagnosed as schi-zoaffective and listed various doses of Es-kalith, Lithium Carbonate; Seroquel,…

2Cases cited3 opinions

  1. Cirack v. StateSupreme Court of Florida · 1967
  2. Brancaccio v. StateDistrict Court of Appeal of Florida · 1997
  3. Scott v. StateDistrict Court of Appeal of Florida · 1998

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