THOMAS EDISON DERKS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying the appellant's motion for post-conviction relief without an evidentiary hearing.
Appellant sought post-conviction relief, alleging mental illness prevented him from understanding his nolo contendere plea. The record showed a histor…
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SHIVERS, Judge.
This is an appeal from a summary denial of appellant’s 3.850 motion. We reverse and remand for an evidentiary hearing by the trial court.
Appellant alleged, as a basis for his motion for post-conviction relief, that he was unable to understand the nature and consequences of his nolo contendere plea entered on August 8, 1984 as he was suffering from delusions, hearing voices, and otherwise suffering from mental illness at the time. The portion of the record attached to the trial court’s order indicates that appellant has a history of mental illness and was hospitalized and treated several times for paranoid schizophrenia. He was examined by a court-appointed doctor who found him competent to stand trial and competent at the time of the alleged crime. He was also apparently under the care of a psychiatrist and was treated with medication while in the Escambia County Jail.
The record, however, does not conclusively show that appellant is entitled to no relief, as it does not adequately rebut his allegation that he was suffering from delusions at the time he entered his plea. Further, it is possible that the medication which was being used to treat appellant’s illness, as opposed to the illness itself, may have affected his ability to understand the nature and consequences of his plea. Appellant should be allowed to present pertinent medical records, including any medical doctors’ or psychiatrists’ reports made while appellant was confined to the Escam-bia County Jail. See Gunn v. State, 379 So. 2d 431 (Fla. 2d DCA 1980). Therefore, we reverse the trial court’s order denying the motion and remand the matter for an evidentiary hearing pursuant to Rule 3.850, Fla.R.Crim.P. REVERSED and REMANDED.
WENTWORTH, J., concurs.
WIGGINTON, J., dissents.
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Reutter v. State, 590 So. 2d 1133 (Fla. 2d DCA 1992)…llegations. Accordingly, we reverse the summary denial of these allegations in the motion and remand for further proceedings. See Campbell v. State, 488 So. 2d 592 (Fla. 2d DCA 1986); Gunn v. State, 379 So. 2d 431 (Fla. 2d DCA 1980); Derks v. State, 477 So. 2d 23 (Fla. 1st DCA 1985). On remand, unless the case files and records conclusively show that Reutter is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether…
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Schenck v. State, 662 So. 2d 998 (Fla. 4th DCA 1995)…hearing on the issue of whether defendant was rendered unable to enter a voluntary plea by his mental condition and/or the medications being used to treat the condition. See Neeley v. State, 502 So. 2d 89 (Fla. 4th DCA 1987); Savage; Derks v. State, 477 So. 2d 23 (Fla. 1st DCA 1985); Gunn v. State, 379 So. 2d 431 (Fla. 2d DCA 1980).…
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Nelson v. State, 756 So. 2d 1071 (Fla. 1st DCA 2000)…influence of a heavy dose of medication at the time of the plea, then the record must conclusively refute such allegation before the court may deny the motion without a hearing.”); Neeley v. State, 502 So. 2d 89 (Fla. 4th DCA 1987); Derks v. State, 477 So. 2d 23 (Fla. 1st DCA 1985). Affirmed in part, reversed in part, and remanded for proceedings consistent with this opinion. DAVIS, BENTON and PADOVANO, JJ., CONCUR. . Appellant alleged that the trial court failed to obtain a factual basis for the ple…
Authorities Cited
- Gunn v. State, 379 So. 2d 431 (Fla. 2d DCA 1980)