DAMON BRYANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed summary denial of post-conviction relief motion where defendant claimed his guilty plea was involuntary due to psychotropic medication, holding that an evidentiary hearing was required because the record did not conclusively refute the allegation.
When a defendant claims his guilty plea was involuntary due to the influence of heavy medication, the record must conclusively refute the allegation before the trial court may deny the motion without an evidentiary hearing.
[1] When a defendant alleges that a guilty plea was involuntary due to the influence of psychotropic medication, the trial court must either attach portions of the record tha…
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Join FLexlaw to unlock all legal intelligence“where a claim is made that a guilty plea was not entered with a full understanding 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”
Establishing the legal standard for medication-related involuntariness claims in guilty plea challenges
Damon Bryant entered a guilty plea while allegedly under the influence of a powerful psychotropic medication. The trial court denied his amended motio…
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PER CURIAM.
Damon Bryant appeals the summary denial of his motion for post-conviction relief. We reverse and remand this case to the trial court for further proceedings.
Bryant’s position in his amended motion was that his plea of guilty was not entered knowingly and voluntarily because he was under the influence of a powerful psychotropic medication when he entered his plea. The trial court in its order denying the amended motion noted that in the state’s response it “conceded that an evidentiary hearing was required to address Defendant’s original motion.”
Bryant then filed an “amended amendment to rule 3.850 motion for post-conviction relief’ again alleging lack of a voluntary plea, which the trial court denied without an evidentiary hearing.
It has been held that where a claim is made that a guilty plea was not entered with a full understanding 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. Campbell v. State, 488 So. 2d 592 (Fla. 2d DCA 1986); Gunn v. State, 379 So. 2d 431 (Fla. 2d DCA 1980).
We accordingly reverse and remand for further proceedings to permit the trial court to attach portions of the record which conclusively refute appellant’s allegations or to conduct an evidentiary hearing.
REVERSED AND REMANDED.
GUNTHER, C.J., and STEVENSON and SHAHOOD, JJ., concur.
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Citator
Cited By
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McCONN v. State, 708 So. 2d 308 (Fla. 2d DCA 1998)…ear to restrict the right to amend or supplement. The majority opinion concedes conflict with the Fourth and Fifth Districts. See Shaw v. State, 654 So. 2d 608 (Fla. 4th DCA 1995); Nava v. State, 659 So. 2d 1314 (Fla. 4th DCA 1995); Bryant v. State, 661 So. 2d 951 (Fla. 4th DCA 1995); Steele v. State, 645 So. 2d 59 (Fla. 4th DCA 1994); Rozier v. State, 603 So. 2d 120 (Fla. 5th DCA 1992). I suggest that, at the least, the conflict be certified. [*312] Rule 3.850(f) provides the trial court an opportunity to de…
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Nelson v. State, 756 So. 2d 1071 (Fla. 1st DCA 2000)…medication affected the voluntariness of his plea) to permit summary denial of the motion. Accordingly, we reverse and remand for the trial court to hold an evidentiary hearing. See Bass v. State, 697 So. 2d 585 (Fla. 4th DCA 1997); Bryant v. State, 661 So. 2d 951, 952 (Fla. 4th DCA 1995)(“It has been held that where a claim is made that a guilty plea was not entered with a full understanding of the consequences because someone was under the influence of a heavy dose of medication at the time of the plea, the…
Authorities Cited
- Gunn v. State, 379 So. 2d 431 (Fla. 2d DCA 1980)
- Campbell v. State, 488 So. 2d 592 (Fla. 2d DCA 1986)