Livingston v. State

District Court of Appeal of Florida

Livingston v. State

376 So. 2d 461, 1979 Fla. App. LEXIS 16063

CourtDistrict Court of Appeal of Florida

DecidedNovember 2, 1979

DocketNo. PP-216

StatusPublished

Cited by1 cases

This text of 376 So. 2d 461 (Livingston 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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Livingston v. State, 376 So. 2d 461, 1979 Fla. App. LEXIS 16063 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

Since the record does not conclusively refute appellant’s claim, the denial of appellant’s motion for post-conviction relief without an evidentiary hearing is reversed and remanded for an evidentiary hearing on appellant’s allegation that his plea was coerced by threats made by his court-appointed attorney. Bryant v. State, 355 So.2d 497 (Fla. 1st DCA 1978).

ROBERT P. SMITH, Jr., Acting C. J. and ERVIN, J., concur. BOOTH, J., dissents.

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PER CURIAM.

Since the record does not conclusively refute appellant’s claim, the denial of appellant’s motion for post-conviction relief without an evidentiary hearing is reversed and remanded for an evidentiary hearing on appellant’s allegation that his plea was coerced by threats made by his court-appointed attorney. Bryant v. State, 355 So.2d 497 (Fla. 1st DCA 1978).

ROBERT P. SMITH, Jr., Acting C. J. and ERVIN, J., concur. BOOTH, J., dissents.

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376 So. 2d 461, 1979 Fla. App. LEXIS 16063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/livingston-v-state-fladistctapp-1979.

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