ROBERT E. VAN METER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT E. VAN METER, APPELLANT,
STATE OF FLORIDA, APPELLEE
527 So. 2d 306
Florida District Court of Appeal, First District (1988)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Robert Van Meter appeals the denial of his rule 3.850 motion for post-conviction relief without an evidentiary hearing. As the allegations of the motion are facially sufficient, we reverse and remand to the lower court with directions to reconsider appellant’s motion and either to attach those portions of the record that conclusively refute appellant’s allegations of an involuntary plea due to mental incompetence, or, if the record does not conclusively contradict those allegations, to conduct an evidentiary hearing on this issue. Jones v. State, 421 So. 2d 55 (Fla. 1st DCA 1982).
REVERSED and REMANDED.
SMITH, C.J., and JOANOS, and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Deric L. McAROY v. State, 597 So. 2d 984 (Fla. 1st DCA 1992)…rther do not refute appellant’s allegation that his mental incompetence vitiated any arguable voluntariness of the plea. On this basis, the trial court’s ruling must be reversed. Evans v. State, 539 So. 2d 33 (Fla. 1st DCA 1989); Van Meter v. State, 527 So. 2d 306 (Fla. 1st DCA 1988). Appellant’s allegation of ineffective assistance of counsel by the failure to pursue an insanity defense is intertwined with factual matters concerning the voluntariness of the plea, and accordingly we reverse on this basis as…
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McCLENDON v. State, 603 So. 2d 607 (Fla. 1st DCA 1992)…reconsider the issue and either attach those portions of the record that conclusively refute McClendon’s allegations or, if the record does not conclusively refute those allegations, conduct an evidentiary hearing on this issue. Van Meter v. State, 527 So. 2d 306 (Fla. 1st DCA1988). We affirm the trial court’s denial of the remaining grounds as such grounds are legally insufficient to support a claim for post-conviction relief. AFFIRMED in part, REVERSED in part, and REMANDED. ZEHMER, WOLF and KAHN, JJ…
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Nelson v. State, 532 So. 2d 1324 (Fla. 1st DCA 1988)…rt with directions to reconsider this portion of the motion and either to attach those portions of the record conclusively refuting this allegation or, if it does not refute it, to conduct an evidentiary hearing on the issue. See Van Meter v. State, 527 So. 2d 306 (Fla. 1st DCA 1988). SMITH, C.J., and NIMMONS, J., concur.…
Authorities Cited
- Jones v. State, 421 So. 2d 55 (Fla. 1st DCA 1982)