JOHNSON
v.
STATE
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A post-conviction court cannot summarily deny a facially sufficient Rule 3.850 motion asserting incompetency at the time of a guilty plea based on competency records from a later period that do not conclusively refute the claim of incompetency at the time of the plea.
[1] A post-conviction motion asserting incompetency to proceed that is facially sufficient cannot be summarily denied based on competency records from a later period unless t…
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Join FLexlaw to unlock all legal intelligenceAppellant filed a post-conviction Rule 3.850 motion asserting he was incompetent when he entered a guilty plea in 2012. The post-conviction court summ…
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PER CURIAM.
We reverse the summary denial of Appellant’s Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. Appellant filed a facially sufficient motion asserting that he was incompetent to proceed when he entered a plea in 2012. The post-conviction court summarily denied the motion based upon court minutes from separate cases from 2016, determining that Appellant’s competency had been restored. These records do not conclusively refute Appellant’s contention that he was incompetent in 2012.
Accordingly, we remand with instructions that the lower court either grant the relief, afford to Appellant an evidentiary hearing on his claim, or attach different records that conclusively refute the claim.
REVERSED AND REMANDED.
ORFINGER, TORPY and LAMBERT, JJ., concur.