CHARLES T. NEELEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant claims that the trial court erred when it denied his motion for post-conviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure without an evidentiary hearing.
Appellant contends that the trial court’s examination of the transcript of the change-of-plea hearing did not furnish an adequate basis to determine whether his plea was induced by an improper promise or misunderstanding. Nor did it establish whether the defendant was still under the influence of withdrawal from heavy psychotropic medication and therefore unable to make a rational decision regarding his plea. We agree and reverse the order denying appellant’s motion for post-conviction relief. We remand this cause to the trial court with directions to conduct an evidentiary hearing on the grounds raised in appellant’s motion for post-conviction relief. See Ream v. State, 449 So. 2d 960 (Fla. 4th DCA 1984); Chapman v. State, 444 So. 2d 591 (Fla. 2d DCA 1984).
REVERSED and REMANDED.
HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Schenck v. State, 662 So. 2d 998 (Fla. 4th DCA 1995)…ritten plea agreement, I would reverse for an evidentia-ry 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)…g of the consequences because someone was under the 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…
Authorities Cited
- Ream v. State, 449 So. 2d 960 (Fla. 4th DCA 1984)
- Chapman v. State, 444 So. 2d 591 (Fla. 2d DCA 1984)