SHAWN BASS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHAWN BASS, APPELLANT,
STATE OF FLORIDA, APPELLEE
697 So. 2d 585
Florida District Court of Appeal, Fourth District (1997)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse the trial court’s order, denying appellant’s 3.850 motion, and remand for an evidentiary hearing in connection with appellant’s claim that his plea was rendered involuntary because of a suicide attempt and use of psychotropic medication that he was receiving as a result. The order and present attachments thereto do not conclusively refute appellant’s argument that his mental condition or his medication rendered him unable to comprehend the violation of probation plea proceedings.
REVERSED AND REMANDED.
POLEN, KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ellis v. State, 696 So. 2d 904 (Fla. 4th DCA 1997)…lict with the First District which has found that smce it is the appellant’s burden to show reversible error, it is the appellant’s burden to demonstrate that he was not present at the site where juror challenges were exercised. See Faison v. State, 697 So. 2d 585 (Fla. 1st DCA 1997); Daniels v. State, 691 So. 2d 1139 (Fla. 1st DCA 1997); Moore v. State, 685 So. 2d 87 (Fla. 1st DCA 1996). Where the record is silent, we do not see how the appellant would ever be able to meet tMs burden. We find that the more p…
-
Nelson v. State, 756 So. 2d 1071 (Fla. 1st DCA 2000)…record does not refute Nelson’s allegation (that the 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…