McGowan v. State

District Court of Appeal of Florida

McGowan v. State

366 So. 2d 1240

Procedural entryThis page is a short order in McGowan v. State. Read the opinion of the Court — 362 So. 2d 335 →

District Court of Appeal of Florida·Decided February 6, 1979·No. No. 77-1980·Published

Opinion

PER CURIAM.

This appeal is taken by the defendant pursuant to Florida Rule of Appellate Procedure 9.140(g), which provides for an appeal from an order denying relief under Florida Rules of Criminal Procedure 3.850 without a hearing. We find that the defendant’s motion for post-conviction relief sets forth facts which, if established, would show that he was mentally and physically incapable of making a defense at the time of his trial; also, the record does not conclusively refute that claim. Therefore, the order appealed is reversed and the cause is remanded for an evidentiary hearing.

It is so ordered.

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PER CURIAM.

This appeal is taken by the defendant pursuant to Florida Rule of Appellate Procedure 9.140(g), which provides for an appeal from an order denying relief under Florida Rules of Criminal Procedure 3.850 without a hearing. We find that the defendant’s motion for post-conviction relief sets forth facts which, if established, would show that he was mentally and physically incapable of making a defense at the time of his trial; also, the record does not conclusively refute that claim. Therefore, the order appealed is reversed and the cause is remanded for an evidentiary hearing.

It is so ordered.

McGowan v. State, 366 So. 2d 1240 (Fla. Ct. App. 1979).

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