Roberts v. State

I respectfully dissent. Roberts here appeals the lower court’s denial of his pro se 3.850 motion1 to vacate judgment and sentence. I believe that, for the purpose of showing whether he is entitled to any relief, his motion is not totally insufficient on its *555face.2 He alleged both ineffective assistance of counsel, and more particularly, involuntariness of bis guilty plea. Roberts claims he was under the influence of pain killing drugs when he entered his plea, and that his plea was not voluntary due to his diminished mental capacity. See Gunn v. State, 379 So.2d 431 (Fla. 2d DCA 1980). He…