Irving v. State

741 So.2d 519 (1999)

Marlin Doren IRVING, Appellant,

v.

STATE of Florida, Appellee.

No. 98-04891.

District Court of Appeal of Florida, Second District.

June 4, 1999.

Marlin Irving appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We find that Irving has stated a facially sufficient claim that his plea was involuntary due to his incompetency and that his attorney was ineffective in failing to investigate this. See, e.g., Savage v. State, 530 So.2d 1077 (Fla. 1st DCA 1988); Jones v. State, 421 So.2d 55 (Fla. 1st DCA 1982).…