Meter v. State

Robert E. Van METER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 24, 1988.

District Court of Appeal of Florida · decided 1988-06-24

Cited by 3 later decisions — most recently July 1992

3 state decisions

Relies on 421 So. 2d 55 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-06-24

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¶1Robert E. Van Meter, pro se, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, for appellee.

¶3PER CURIAM.

¶4Robert Van Meter appeals the denial of his rule 3.850 motion for post-conviction relief without an evidentiary hearing. As the allegations of the motion are facially sufficient, we reverse and remand to the lower court with directions to reconsider appellant's motion and either to attach those portions of the record that conclusively refute appellant's allegations of an involuntary plea due to mental incompetence, or, if the record does not conclusively contradict those allegations, to conduct an evidentiary hearing on this issue. Jones v. State,421 So.2d 55 (Fla. 1st DCA 1982).

¶5REVERSED and REMANDED.

¶6SMITH, C.J., and JOANOS, and ZEHMER, JJ., concur.