Antonio Jermaine Presley v. State of Florida

Antonio Presley appeals the denial of his motions to withdraw his plea and vacate his sentences, arguing that the trial court fundamentally erred in holding a hearing on these motions without first holding a hearing to determine his competency. We agree and reverse for further proceedings consistent with this opinion.

Appellant was charged by information with eight crimes in three separate cases. In November 2012, appellant pled no contest to all his charges and agreed to perform substantial assistance, with the understanding that he would receive a minimum sentence of five years in prison…