Milchorena v. State

District Court of Appeal of Florida

Milchorena v. State

825 So. 2d 1014, 2002 Fla. App. LEXIS 12791, 2002 WL 2009034

District Court of Appeal of Florida·Decided September 4, 2002·No. No. 4D02-626·Published·Cited by 1 cases

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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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.

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

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Opinion

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