WALTER M. KIRBY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1999-04-16
No. 98-4099
ERVIN, ALLEN and DAVIS, JJ., CONCUR.
733 So. 2d 1054 Florida District Court of Appeal, First District (1999) Positive Treatment
Cited by 4 cases
Topics
Involuntary Plea Postconviction Relief Ineffective Assistance Of Counsel

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant challenges the summary denial of his motion for posteonviction relief in which he asserted that his plea was involuntarily entered, because he was under the influence of psychotropic medications when he entered the plea, and that trial counsel was ineffective for permitting him to enter the plea while under the influence of the medication. We affirm, because the portions of the record attached to the order conclusively refute appellant’s claim.

The plea agreement and colloquy show that appellant took Elavil within 24 hours before entering the plea, but he fully understood the plea and the proceedings. The trial judge specifically questioned appellant regarding the medication and whether it was adversely affecting his ability to comprehend or understand the plea or what was occurring. Appellant responded that it was not. Thus, the record conclusively refutes appellant’s allegation and the trial court properly denied the claim. See McCutcheon v. State, 444 So. 2d 532 (Fla. 1st DCA 1984). Because the ineffectiveness claim was based on the same allegation, it, too, was properly denied.

AFFIRMED.

ERVIN, ALLEN and DAVIS, JJ., CONCUR.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Montero v. State, 996 So. 2d 888 (Fla. 4th DCA 2008)
    …ated his understanding of the proceedings. He cannot go behind his sworn assertions and challenge the voluntariness of his plea. Iacono v. State, 930 So. 2d 829 (Fla. 4th DCA 2006); Russ v. State, 937 So. 2d 1199 (Fla. 1st DCA 2006); Kirby v. State, 733 So. 2d 1054 (Fla. 1st DCA 1999). The record conclusively refutes his allegations that he was not mentally competent to enter a plea. Finally, appellant filed a supplemental motion, arguing that the records introduced to prove his qualification for enhanced sen…
  • Roberts v. State, 816 So. 2d 1235 (Fla. 5th DCA 2002)
    …PLEUS, J. AFFIRMED. See Kirby v. State, 733 So. 2d 1054 (Fla. 1st DCA 1999). THOMPSON, C.J., and SAWAYA, J., concur.…

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