Houghton v. State

District Court of Appeal of Florida

Houghton v. State

454 So. 2d 725, 9 Fla. L. Weekly 1811, 1984 Fla. App. LEXIS 14705

CourtDistrict Court of Appeal of Florida

DecidedAugust 15, 1984

DocketNo. AZ-19

StatusPublished

Cited by1 cases

This text of 454 So. 2d 725 (Houghton 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.

Bluebook

Houghton v. State, 454 So. 2d 725, 9 Fla. L. Weekly 1811, 1984 Fla. App. LEXIS 14705 (Fla. Ct. App. 1984).

Pincite

Opinion

MILLS, Judge.

Houghton appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. In his motion, Houghton alleges his attorney promised him he would be put on probation if he pleaded guilty. Houghton alleges that, in fact, he was sentenced to 30 months imprisonment following his plea of guilty.

A guilty plea induced by a promise of defense counsel that is not kept is involuntary. Ream v. State, 449 So.2d 960 (Fla. 4th DCA 1984). Because the motion is a facially sufficient challenge to the voluntar-iness of Houghton’s guilty plea, this cause is reversed and remanded with directions to the trial court to conduct an evidentiary hearing or to attach portions of the record [726]*726conclusively showing Houghton is entitled to no relief.

Reversed and remanded with directions.

BOOTH and BARFIELD, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI