ANTHONY WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of post-conviction relief where the appellant's incompetency-to-plead allegations were conclusory rather than factual, but allowed the appellant to file a successive motion with factual allegations.
Conclusory allegations of incompetency to enter a guilty plea are insufficient to warrant post-conviction relief under Florida Rule of Criminal Procedure 3.850.
[1] Conclusory allegations of incompetency to enter a guilty plea, without supporting factual allegations, are insufficient to warrant post-conviction relief under Florida Ru…
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Join FLexlaw to unlock all legal intelligenceAnthony Williams appealed the denial of his motion for post-conviction relief filed under Florida Rule of Criminal Procedure 3.850, asserting four gro…
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JOANOS, Chief Judge.
.Anthony Williams appeals the denial of his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Of the four grounds asserted as the basis for relief, only the claims that appellant was incompetent to enter a guilty plea suggested a possible entitlement to relief. Therefore, the court requested the Attorney General’s office to file a brief responding to the incompetency allegations. See Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986).
After consideration of the answer brief filed by the assistant attorney general, we affirm the order denying relief, on the ground that the allegations are mere conclusions. See Flint v. State, 561 So. 2d 1343, 1344 (Fla. 1st DCA 1990); Toler v. State, 196 So. 2d 1, 6 (Fla. 4th DCA 1967); Dancy v. State, 175 So. 2d 208, 209 (Fla. 3d DCA 1965). However, our affirmance is without prejudice to appellant’s right to raise the competency issue in a successive motion, alleging facts which, if true, would demonstrate that appellant was incompetent to enter a guilty plea.
Accordingly, the order denying post-conviction relief is affirmed without prejudice to appellant’s right to raise the competency issue in a successive rule 3.850 motion.
WIGGINTON and BARFIELD, JJ., concur.
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Citator
Cited By
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Baker v. State, 714 So. 2d 1167 (Fla. 1st DCA 1998)…ile a properly pled rule 3.800(a) motion in the trial court. JOANOS and WOLF, JJ., and SMITH, LARRY G., Senior Judge, concur. . We presume that this requirement would necessitate more than mere conclusory allegations. See, e.g., Williams v. State, 595 So. 2d 1061 (Fla. 1st DCA 1992) (affirming denial of 3.850 motion on grounds that motion contained only concluso-ry allegations in support of claims for relief). The allegations required by Mancino at a minimum would have to address how and where the record dem…
Authorities Cited
- Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986)
- Tolar v. State, 196 So. 2d 1 (Fla. 4th DCA 1967)
- Dancy v. State, 175 So. 2d 208 (Fla. 3d DCA 1965)
- Flint v. State, 561 So. 2d 1343 (Fla. 1st DCA 1990)