JAMES W. MOSLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed in part and remanded a postconviction motion where the appellant raised a facially sufficient claim that his mental condition and psychotropic medications rendered his guilty plea involuntary, as the record did not conclusively refute this claim.
A claim that mental condition and psychotropic medications rendered a guilty plea involuntary is facially sufficient and cognizable in a rule 3.850 motion and must be addressed through record attachments or an evidentiary hearing.
[1] A claim that mental condition and psychotropic medications rendered a guilty plea involuntary is facially sufficient and cognizable in a rule 3.850 postconviction motion…
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Join FLexlaw to unlock all legal intelligenceThe appellant pleaded guilty and later filed a postconviction motion claiming his mental condition and use of psychotropic medications rendered his pl…
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PER CURIAM.
The appellant appeals the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the appellant raises a facially sufficient claim that was not conclusively refuted by record attachments, we reverse in part, affirm in part, and remand.
The appellant contends that his mental condition and use of psychotropic medications rendered his plea involuntary as he was unable to understand the nature and consequences of the proceedings. Such a claim is facially sufficient and cognizable in a rule 3.850 motion. See Long v. State, 678 So. 2d 925, 926-27 (Fla. 1st DCA 1996). The plea colloquy conducted by the trial court did not address whether Appellant’s mental condition and use of psychotropic medications affected the voluntariness of his plea, cf. Kirby v. State, 788 So. 2d 1054 (Fla. 1st DCA 1999); nor did the testimony of the psychologists who testified during the sentencing phase of the proceed ings. Therefore, we reverse and remand for the attachment of portions of the record conclusively refuting this claim, or for an evidentiary hearing. We otherwise affirm the trial court’s order. REVERSED IN PART, AFFIRMED IN PART, and REMANDED.
ALLEN, DAVIS and BENTON, JJ., concur.
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Citator
Authorities Cited
- Long v. State, 678 So. 2d 925 (Fla. 1st DCA 1996)
- In the Interest of F.G. v. State, 788 So. 2d 1054 (Fla. 2d DCA 2001)