Evans v. State
Evans v. State
Opinion of the Court
Appellant appeals the summary denial of his motion for postconviction relief on the ground that it is facially insufficient. Though appellant’s motion is arguably con-clusory and borders on unintelligible, according the motion a liberal interpretation, we discern a marginally sufficient facial allegation — that appellant was mentally incompetent at the time of his plea and therefore his plea was involuntary. See Morrison v. State, 283 So.2d 137 (Fla. 2d DCA 1973); Maxwell v. State, 243 So.2d 10 (Fla. 2d DCA 1971); and Andrews v. State, 160 So.2d 726 (Fla. 3d DCA 1964). The cause is
REVERSED and REMANDED.
Reference
- Full Case Name
- Michael Don EVANS v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published