Evans v. State

District Court of Appeal of Florida

Evans v. State

539 So. 2d 33, 14 Fla. L. Weekly 635, 1989 Fla. App. LEXIS 1257, 1989 WL 19570

CourtDistrict Court of Appeal of Florida

DecidedMarch 9, 1989

DocketNo. 88-2355

StatusPublished

Cited by2 cases

This text of 539 So. 2d 33 (Evans v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Evans v. State, 539 So. 2d 33, 14 Fla. L. Weekly 635, 1989 Fla. App. LEXIS 1257, 1989 WL 19570 (Fla. Ct. App. 1989).

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Opinion

SMITH, Chief Judge.

Appellant appeals the summary denial of his motion for postconviction relief on the ground that it is facially insufficient. Though appellant’s motion is arguably con-clusory and borders on unintelligible, according the motion a liberal interpretation, we discern a marginally sufficient facial allegation — that appellant was mentally incompetent at the time of his plea and therefore his plea was involuntary. See Morrison v. State, 283 So.2d 137 (Fla. 2d DCA 1973); Maxwell v. State, 243 So.2d 10 (Fla. 2d DCA 1971); and Andrews v. State, 160 So.2d 726 (Fla. 3d DCA 1964). The cause is [34]*34therefore remanded to the trial, court to either attach those portions of the record which conclusively refute appellant’s allegation or to conduct an evidentiary hearing on the issue.

REVERSED and REMANDED.

ERVIN and NIMMONS, JJ., concur.

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SMITH, Chief Judge.

Appellant appeals the summary denial of his motion for postconviction relief on the ground that it is facially insufficient. Though appellant’s motion is arguably con-clusory and borders on unintelligible, according the motion a liberal interpretation, we discern a marginally sufficient facial allegation — that appellant was mentally incompetent at the time of his plea and therefore his plea was involuntary. See Morrison v. State, 283 So.2d 137 (Fla. 2d DCA 1973); Maxwell v. State, 243 So.2d 10 (Fla. 2d DCA 1971); and Andrews v. State, 160 So.2d 726 (Fla. 3d DCA 1964). The cause is [34]*34therefore remanded to the trial, court to either attach those portions of the record which conclusively refute appellant’s allegation or to conduct an evidentiary hearing on the issue.

REVERSED and REMANDED.

ERVIN and NIMMONS, JJ., concur.

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Bluebook (online)

539 So. 2d 33, 14 Fla. L. Weekly 635, 1989 Fla. App. LEXIS 1257, 1989 WL 19570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-state-fladistctapp-1989.

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