Schenck v. State
District Court of Appeal of Florida
1Per curiam
We reverse the trial court’s order, denying appellant’s 3.850 motion, and remand for an *594evidentiary hearing or attachment of record excerpts disproving appellant’s claim that his plea was rendered involuntary by his schizophrenia and/or the psychotropic medication he was receiving for that condition. The order and present attachments thereto do not conclusively refute appellant’s argument that his mental condition and/or his medication rendered him unable to comprehend the change of plea proceedings.
Appellant’s written plea agreement, attached to the order of denial, disclosed that at the…
2Cases cited1 opinion
- Hull v. StateDistrict Court of Appeal of Florida · 1992
3Cited by3 opinions
- Barreto v. StateDistrict Court of Appeal of Florida · 2010
- Howard v. StateDistrict Court of Appeal of Florida · 1996
- Schenck v. StateDistrict Court of Appeal of Florida · 1995