From Casetext: Smarter Legal Research

Williams v. State

District Court of Appeal of Florida, First District
Apr 27, 1992
595 So. 2d 1061 (Fla. Dist. Ct. App. 1992)

Summary

affirming denial of 3.850 motion on grounds that motion contained only conclusory allegations in support of claims for relief

Summary of this case from Baker v. State

Opinion

No. 91-1979.

March 11, 1992. Rehearing Denied April 27, 1992.

Appeal from the Circuit Court, Duval County, John Southwood, J.

Anthony Williams, pro se.

Robert A. Butterworth, Atty. Gen., and Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.


Anthony Williams appeals the denial of his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Of the four grounds asserted as the basis for relief, only the claims that appellant was incompetent to enter a guilty plea suggested a possible entitlement to relief. Therefore, the court requested the Attorney General's office to file a brief responding to the incompetency allegations. See Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986).

After consideration of the answer brief filed by the assistant attorney general, we affirm the order denying relief, on the ground that the allegations are mere conclusions. See Flint v. State, 561 So.2d 1343, 1344 (Fla. 1st DCA 1990); Toler v. State, 196 So.2d 1, 6 (Fla. 4th DCA 1967); Dancy v. State, 175 So.2d 208, 209 (Fla. 3d DCA 1965). However, our affirmance is without prejudice to appellant's right to raise the competency issue in a successive motion, alleging facts which, if true, would demonstrate that appellant was incompetent to enter a guilty plea.

Accordingly, the order denying post-conviction relief is affirmed without prejudice to appellant's right to raise the competency issue in a successive rule 3.850 motion.

WIGGINTON and BARFIELD, JJ., concur.


Summaries of

Williams v. State

District Court of Appeal of Florida, First District
Apr 27, 1992
595 So. 2d 1061 (Fla. Dist. Ct. App. 1992)

affirming denial of 3.850 motion on grounds that motion contained only conclusory allegations in support of claims for relief

Summary of this case from Baker v. State
Case details for

Williams v. State

Case Details

Full title:ANTHONY WILLIAMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 27, 1992

Citations

595 So. 2d 1061 (Fla. Dist. Ct. App. 1992)

Citing Cases

Baker v. State

We presume that this requirement would necessitate more than mere conclusory allegations. See, e.g., Williams…