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Milchorena v. State

District Court of Appeal of Florida, Fourth District
Sep 4, 2002
825 So. 2d 1014 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 4D02-626

Opinion filed September 4, 2002

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Royce Agner, Judge; L.T. Case No. 00-11356 CF10.

Manuel Milchorena, Punta Gorda, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.


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.


Summaries of

Milchorena v. State

District Court of Appeal of Florida, Fourth District
Sep 4, 2002
825 So. 2d 1014 (Fla. Dist. Ct. App. 2002)
Case details for

Milchorena v. State

Case Details

Full title:MANUEL MILCHORENA, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 4, 2002

Citations

825 So. 2d 1014 (Fla. Dist. Ct. App. 2002)