GREGORY A. JOHNS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the denial of postconviction relief where the defendant claimed he was incompetent to plead guilty due to unmedicated mental illness, holding that a defendant's affirmative response at plea colloquy does not conclusively establish competency when psychiatric evidence suggests otherwise.
A defendant's affirmative statement at plea colloquy that he is not under the effects of medication or condition affecting his understanding does not conclusively demonstrate he is not entitled to postconviction relief based on competency claims.
[1] A defendant's affirmative statement at plea colloquy that he is not affected by medication or condition does not conclusively establish competency to plead guilty when th…
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Join FLexlaw to unlock all legal intelligenceJohns was taking psychotropic medications prescribed at the Duval County Jail when evaluated for competency. Two to three weeks before pleading guilty…
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PER CURIAM.
Johns appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal procedure 3.850. Johns asserts that at the time he was determined to be competent to proceed by the court-appointed expert, he was taking psychotropic drugs prescribed by health care providers at the Duval County Jail. Johns asserts that the expert, although informed of his history of psychiatric treatment and prior hospitalization for mental health problems, failed to ask Johns if he was presently being treated for mental health problems. Johns also asserts that two to three weeks prior to entering a plea of guilty to the charges, he refused to take the prescribed medications. He asserts he began to hear voices and have delusions, and became confused in thought and perception. He asserts this was his status at the time he entered his plea.
The trial judge denied the motion on the ground that appellant had stated at the plea colloquy, in response to questioning by the trial judge, that he was not under the effects of any medication, drugs, or condition that affected his ability to understand the proceedings. We conclude that the affirmative response to this question does not conclusively demonstrate that Johns is not entitled to relief. See, e.g., Long v. State, 678 So. 2d 925 (Fla. 1st DCA 1996); Savage v. State, 530 So. 2d 1077 (Fla. 1st DCA 1988). Because the trial court’s order and attachments fail to demonstrate conclusively that Johns is entitled to no relief, we reverse and remand for further proceedings.
BARFIELD, C.J., and WOLF and DAVIS, JJ., concur.
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Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Long v. State, 678 So. 2d 925 (Fla. 1st DCA 1996)
- Savage v. State, 530 So. 2d 1077 (Fla. 1st DCA 1988)