Legal Opinion

Storey v. State

District Court of Appeal of Florida

Decided May 28, 2014No. 2D10-4583Published

1Opinion of the Court

KELLY, Judge.

Bernard A. Storey appeals from the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief following an evidentiary hearing. In his motion, Storey sought to withdraw his plea of guilty to violation of probation alleging that he was incompetent when he entered the plea. The trial court originally summarily denied the motion, but we held on appeal that Storey’s motion alleged a claim of incompetency sufficient to require an evidentiary hearing to determine whether his admission to violating his probation was voluntary. Storey v. State, 32 So.3d 105,…

2Cases cited2 opinions

  1. Coday v. StateSupreme Court of Florida · 2006
  2. Storey v. StateDistrict Court of Appeal of Florida · 2009

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