Rodriguez v. State

RYDER, Acting Chief Judge.

Juan Rodriguez challenges the lower court’s refusal to permit him to withdraw his guilty plea on grounds of mental incapacity. We affirm without prejudice to file a motion under Florida Rule of Criminal Procedure 3.850.

In 1991, the state filed two informations against Rodriguez, charging a total of four felony counts. On October 21, 1991, Rodriguez entered a guilty plea. His written plea stated he was under the influence of drugs, medications or alcohol. The transcripts of the plea hearing and the sentencing hearing show that the trial judge did not ask Rodriguez any…