Nelson v. State

Leonard Earl Nelson appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The trial court correctly denied two1 of his claims summarily. We conclude, however, that an evidentiary hearing is required with regard to Nelson’s first claim where he alleged that his plea was involuntarily entered because he was under the influence of medications when he entered his plea.

The record does not refute Nelson’s allegation (that the medication affected the voluntariness of his plea) to permit summary denial of the motion. Accordingly, we reverse and…