MANUEL MILCHORENA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MANUEL MILCHORENA, APPELLANT,
STATE OF FLORIDA, APPELLEE
825 So. 2d 1014
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Manuel Milchorena appeals the summary denial of his rule 3.850 motion for post-conviction relief. We reverse the trial court’s order summarily denying his claims that his attorney was ineffective for (1) coercing him into taking a plea when he was mentally unstable and (2) failing to argue he was mentally incompetent to stand trial. These claims were not conclusively refuted by the state. We affirm the denial of relief on appellant’s other claims, but remand the claims regarding his mental instability and incompetence for an evidentiary hearing.
FARMER, KLEIN and MAY, JJ., concur.
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Kahn v. State, 952 So. 2d 1242 (Fla. 4th DCA 2007)…line to establish or formulate prosecutorial policy under the guise of constitutional pronouncements. Booth, 436 So. 2d at 37-38 (citations omitted). Florida courts continue to adhere to the doctrine of dual sovereignty. See, e.g., Walker v. State, 825 So. 2d 1014 (Fla. 4th DCA 2002). Since Booth, the Florida legislature has taken no action to restrict such prosecutions. We therefore affirm. Affirmed. STONE and FARMER, JJ., concur. . A claim raised on the ground that a violation of one's protection against…