Davis v. State

District Court of Appeal of Florida

Davis v. State

242 So. 2d 750

CourtDistrict Court of Appeal of Florida

DecidedJanuary 8, 1971

DocketNo. 70-245

StatusPublished

Cited by1 cases

This text of 242 So. 2d 750 (Davis v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Davis v. State, 242 So. 2d 750 (Fla. Ct. App. 1971).

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Opinion

PER CURIAM.

Davis’ plea of guilty, entered after Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, is alleged to have been coerced. This allegation is not refuted on the face of the record and consequently Davis is entitled to an evi-dentiary hearing. See Johnson v. Wainwright, Fla.1970, 238 So.2d 590. See also State v. Reynolds, Fla.1970, 238 So.2d 598 at page 600. Cf. Steinhauser v. State, Fla.App.1969, 228 So.2d 446.

Reversed and remanded.

LILES, Acting C. J., and HOBSON and MANN, JJ., concur.

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PER CURIAM.

Davis’ plea of guilty, entered after Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, is alleged to have been coerced. This allegation is not refuted on the face of the record and consequently Davis is entitled to an evi-dentiary hearing. See Johnson v. Wainwright, Fla.1970, 238 So.2d 590. See also State v. Reynolds, Fla.1970, 238 So.2d 598 at page 600. Cf. Steinhauser v. State, Fla.App.1969, 228 So.2d 446.

Reversed and remanded.

LILES, Acting C. J., and HOBSON and MANN, JJ., concur.

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242 So. 2d 750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-fladistctapp-1971.

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