Legal Opinion

Schenck v. State

District Court of Appeal of Florida

Decided April 26, 1995No. 95-0496PublishedCited by 3 opinions

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

  1. Hull v. StateDistrict Court of Appeal of Florida · 1992

3Cited by3 opinions

  1. Barreto v. StateDistrict Court of Appeal of Florida · 2010
  2. Howard v. StateDistrict Court of Appeal of Florida · 1996
  3. Schenck v. StateDistrict Court of Appeal of Florida · 1995

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API