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Milchorena v. State

825 So. 2d 1014, 2002 Fla. App. LEXIS 12791, 2002 WL 2009034
CourtDistrict Court of Appeal of Florida
DecidedSeptember 4, 2002
DocketNo. 4D02-626
StatusPublished
Cited by1 cases

This text of 825 So. 2d 1014 (Milchorena 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.

Bluebook
Milchorena v. State, 825 So. 2d 1014, 2002 Fla. App. LEXIS 12791, 2002 WL 2009034 (Fla. Ct. App. 2002).

Opinion

PER CURIAM.

Manuel Milchorena appeals the summary denial of his rule 3.850 motion for post-conviction relief. We reverse the trial court’s order summarily denying his claims that his attorney was ineffective for (1) coercing him into taking a plea when he was mentally unstable and (2) failing to argue he was mentally incompetent to stand trial. These claims were not conclusively refuted by the state. We affirm the denial of relief on appellant’s other claims, but remand the claims regarding his mental instability and incompetence for an evi-dentiary hearing.

FARMER, KLEIN and MAY, JJ., concur.

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Related

Walker v. State
825 So. 2d 1014 (District Court of Appeal of Florida, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
825 So. 2d 1014, 2002 Fla. App. LEXIS 12791, 2002 WL 2009034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milchorena-v-state-fladistctapp-2002.