Donald D. Barnes v. State of Florida

Fifth Circuit

Donald D. Barnes v. State of Florida

402 F.2d 63, 1968 U.S. App. LEXIS 5248

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 15, 1968

Docket25914_1

StatusPublished

This text of 402 F.2d 63 (Donald D. Barnes v. State of Florida) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Donald D. Barnes v. State of Florida, 402 F.2d 63, 1968 U.S. App. LEXIS 5248 (5th Cir. 1968).

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Opinion

PER CURIAM:

The District Court denied the appellant’s petition for writ of habeas corpus without a hearing on grounds that the record and the trial transcript show his allegations are without merit. We reverse for a hearing.

Appellant is serving two consecutive ten-year sentences in a Florida penitentiary for escape and for possession of a weapon. He alleges coercion of a plea of guilty and ineffective assistance of counsel, contending that court-appointed counsel, whom he saw only for a few minutes four days before trial and a few minutes prior to trial, coerced him into pleading guilty, assuring him that a deal had been made for shorter sentences. As proof of the deal petitioner offers a certified copy of a portion of a letter written by the attorney.

The appellant’s allegations are sufficient on their face to raise a serious issue, the determination of which requires a hearing. Machibroda v. United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962); Carpenter v. Wainwright, 5 Cir. 1967, 372 F.2d 940; Bell v. State of Alabama, 5 Cir. 1966, 367 F.2d 243.

If appellant’s allegations as to what occurred at his arraignment and sentence are found to be true, he is entitled to have the writ granted and his conviction set aside. Holloway v. Dutton, 5 Cir., 1968, 396 F.2d 127; Roberts v. Dutton, 5 Cir. 1966, 368 F.2d 465; Carpenter v. Wainwright, supra.

Reversed and remanded.

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PER CURIAM:

The District Court denied the appellant’s petition for writ of habeas corpus without a hearing on grounds that the record and the trial transcript show his allegations are without merit. We reverse for a hearing.

Appellant is serving two consecutive ten-year sentences in a Florida penitentiary for escape and for possession of a weapon. He alleges coercion of a plea of guilty and ineffective assistance of counsel, contending that court-appointed counsel, whom he saw only for a few minutes four days before trial and a few minutes prior to trial, coerced him into pleading guilty, assuring him that a deal had been made for shorter sentences. As proof of the deal petitioner offers a certified copy of a portion of a letter written by the attorney.

The appellant’s allegations are sufficient on their face to raise a serious issue, the determination of which requires a hearing. Machibroda v. United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962); Carpenter v. Wainwright, 5 Cir. 1967, 372 F.2d 940; Bell v. State of Alabama, 5 Cir. 1966, 367 F.2d 243.

If appellant’s allegations as to what occurred at his arraignment and sentence are found to be true, he is entitled to have the writ granted and his conviction set aside. Holloway v. Dutton, 5 Cir., 1968, 396 F.2d 127; Roberts v. Dutton, 5 Cir. 1966, 368 F.2d 465; Carpenter v. Wainwright, supra.

Reversed and remanded.

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402 F.2d 63, 1968 U.S. App. LEXIS 5248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donald-d-barnes-v-state-of-florida-ca5-1968.

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