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Dunn v. State

District Court of Appeal of Florida, First District
Apr 9, 1991
577 So. 2d 692 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-02214.

April 9, 1991.

An Appeal from the Circuit Court for Duval County; Donald Moran, Judge.

Thomas Bates Dunn, pro se.

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


This cause is before us on appeal from the summary denial of appellant's motion for postconviction relief under Rule 3.850, Florida Rules of Criminal Procedure. Appellant asserts that: (1) he was denied effective assistance of counsel; (2) his plea was not freely and voluntarily entered, as he was under the influence of medication at the time he entered his plea; and (3) the trial erred in refusing to allow him to withdraw his plea prior to sentencing.

The trial court summarily denied the motion but failed to attach those portions of the record which support the grounds for denial. See Stinyard v. State, 476 So.2d 277 (Fla. 2d DCA 1985), and Vann v. State, 561 So.2d 21 (Fla. 2d DCA 1990). We therefore reverse and remand the trial court's order for proceedings consistent herewith.

BOOTH, SMITH and WIGGINTON, JJ., concur.


Summaries of

Dunn v. State

District Court of Appeal of Florida, First District
Apr 9, 1991
577 So. 2d 692 (Fla. Dist. Ct. App. 1991)
Case details for

Dunn v. State

Case Details

Full title:THOMAS BATES DUNN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 9, 1991

Citations

577 So. 2d 692 (Fla. Dist. Ct. App. 1991)