Davis v. State

Terence R. Davis appeals an order summarily denying his motion for postconviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. We affirm the denial as to his first ground for relief but reverse the denial as to the second ground, and remand for an evidentiary hearing or the attachment of record excerpts that conclusively refute his allegations.

In Appellant’s first ground, he alleged that prior to the entry of his plea, he was housed in the jail cell block reserved for inmates taking psychotropic drugs, that counsel knew he was under the influence of drugs at the…