JOHNSON v. STATE (2018)

District Court of Appeal of Florida, Fifth District.

Xavier Arsenio JOHNSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-1854

Decided: September 07, 2018

Robert Wesley, Public Defender and Robert Thompson Adams, IV, Assistant Public Defender, Orlando, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

We reverse the summary denial of Appellant's Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. Appellant filed a facially sufficient motion asserting that he was incompetent to proceed when he entered a plea in 2012. The post-conviction court summarily denied the motion based upon court minutes from separate cases from 2016, determining that Appellant's competency had been restored. These records do not conclusively refute Appellant's contention that he was incompetent in 2012.

Accordingly, we remand with instructions that the lower court either grant the relief, afford to Appellant an evidentiary hearing on his claim, or attach different records that conclusively refute the claim.

REVERSED AND REMANDED.

PER CURIAM.

ORFINGER, TORPY and LAMBERT, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network