BERNARD A. STOREY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2014-05-28
No. 2D10-4583
KHOUZAM and BLACK, JJ„ Concur.
139 So. 3d 448 Florida District Court of Appeal, Second District (2014) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Bernard Storey appeals the denial of his motion to withdraw a guilty plea to a probation violation, arguing he was mentally incompetent when he entered the plea. The appellate court reverses, finding the trial court unreasonably rejected expert testimony that Storey was incompetent, and remands for withdrawal of the plea.


Holding

The court reversed the trial court's denial of Storey's motion to withdraw his plea, finding the trial court's rejection of Dr. McClain's unrefuted expert testimony was unreasonable because it was not supported by the record. The trial court improperly relied on a finding that Storey had been found competent under 'similar circumstances' when the record showed only ten days of structured environment, significantly shorter than prior instances referenced.


Headnotes

[1] A defendant's claim of incompetency at the time of entering a guilty plea is sufficient to require an evidentiary hearing.

[2] A trial court may reject unrebutted expert testimony regarding a defendant's competency, but must provide a reasonable explanation for doing so.

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Key Quotes

“While a trial court is entitled to reject unrebutted expert testimony, it must offer a reasonable explanation for doing so, such as impeachment of the witness or conflict with other evidence.”

Establishes the standard for when a trial court may reject expert testimony and requires a reasonable basis for doing so.

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Facts & Procedural History

Storey pleaded guilty to violating probation after being observed exhibiting bizarre behavior in the weeks preceding the plea hearing, including disor…

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Opinion of the Court
KELLY, Judge.

KELLY, Judge.

Bernard A. Storey appeals from the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief following an evidentiary hearing. In his motion, Storey sought to withdraw his plea of guilty to violation of probation alleging that he was incompetent when he entered the plea. The trial court originally summarily denied the motion, but we held on appeal that Storey’s motion alleged a claim of incompetency sufficient to require an evidentiary hearing to determine whether his admission to violating his probation was voluntary. Storey v. State, 32 So.3d 105, 107 (Fla. 2d DCA 2009).

At the hearing on remand, Storey presented evidence to indicate he was not mentally competent at the time he entered his plea. A police officer who encountered Storey approximately two weeks prior to the plea hearing characterized Storey as disoriented and “[mentally] [v]ery out of it.” Although the officer had no basis to involuntarily commit Storey, he was so concerned with Storey’s behavior that he took him to a mental health facility. However, despite Storey’s willingness to go to the facility, he did not remain there and was later observed acting inappropriately at Tampa International Airport.

The defense’s mental health expert, Dr. McClain, concluded to a reasonable degree of psychological certainty that Storey was mentally incompetent on the day he entered his plea. Although she did not examine Storey at the time of the plea, she had the benefit of the transcript of the plea colloquy, Storey’s extensive mental health records, police reports including the incident at the Tampa airport, and Sto-rey’s jail and medical files. Based upon all this information, she diagnosed Storey as suffering from posttraumatic stress disorder, bipolar disorder, and alcohol dependence. Dr. McClain acknowledged that Storey has experienced periods of competency in structured settings. However, in her opinion, Storey’s brief period of incarceration prior to the plea hearing was insufficient to stabilize him as reflected by his continued bizarre behavior after the plea and his subsequent commitment to a crisis stabilization unit. The State offered no evidence to refute Dr. McClain’s testimony. The only testimony it presented was that of the attorney who represented Storey at the plea hearing. She stated that she had no knowledge of Storey’s bizarre behavior before the plea hearing and that had she been aware of it she would not have continued with the proceedings.

The postconviction court denied Storey’s motion finding the evidence insufficient to show that Storey’s plea was involuntary. We disagree. Nothing in the record before the trial court contradicts Dr. McClain’s testimony that Storey’s mental state at the time he entered his plea made him incapable of entering a knowing and voluntary plea. While a trial court is entitled to reject unrebutted expert testimony, it must offer a reasonable explanation for doing so, such as impeachment of the witness or conflict with other evidence. Coday v. State, 946 So.2d 988, 1005 (Fla.2006). In rejecting Dr. McClain’s testimony that Storey was not competent, the trial court explained that while Storey had a long history of mental illness, he had often been diagnosed as competent despite the fact that he was unmedicated for long periods prior to the evaluation:

Dr. McClain attributed this to a structured setting including regulated sleep and food, and the fact that the Defen*450dant was receiving his blood sugar medications. The Court observes that at the time the Defendant entered his March 28, 2007 plea, he had been in the Pinel-las County Jail for ten days during which time he had no access to alcohol and his wake-up time and meals were regulated.
The weight of the evidence is not sufficient to show that the Defendant’s pleas were involuntary. It remains un-rejut-ed that under similar circumstances, not on medication or alcohol, and in a stable environment, the Defendant has been found competent.

(Emphasis supplied.) The trial court’s finding that Storey had been found competent under “similar circumstances” is not supported by the record and thus cannot support the trial court’s rejection of Dr. McClain’s opinion. The record shows that Storey had only been in a “controlled environment” for ten days before he entered his plea in this case, a significantly shorter period of time than the prior instances to which the trial court referred. In light of Storey’s extensive history of mental illness, his odd behavior immediately preceding and subsequent to the plea hearing, his inappropriate answers to questions during the plea colloquy, and the lack of any other evidence to indicate he understood the consequences of his plea, we cannot conclude that the trial court’s rejection of Dr. McClain’s testimony was reasonable. We therefore reverse the order denying Sto-rey’s motion and remand for entry of an order granting the motion and permitting him to withdraw his plea.1

Reversed and remanded.

KHOUZAM and BLACK, JJ„ Concur.


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