Opinion
Case No. 97-1374
Opinion filed August 6, 1997
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard C. Berman, Judge; L.T. Case Nos. 92-14078 CFA02, 92-15200 CFA02.
Shawn Bass, Florida City, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Aubin Wade Robinson, Assistant Attorney General, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the trial court's order, denying appellant's 3.850 motion, and remand for an evidentiary hearing in connection with appellant's claim that his plea was rendered involuntary because of a suicide attempt and use of psychotropic medication that he was receiving as a result. The order and present attachments thereto do not conclusively refute appellant's argument that his mental condition or his medication rendered him unable to comprehend the violation of probation plea proceedings.
REVERSED AND REMANDED.
POLEN, KLEIN and GROSS, JJ., concur.