Livingston v. State

District Court of Appeal of Florida

Livingston v. State

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

District Court of Appeal of Florida·Decided November 2, 1979·No. No. PP-216·Published·Cited by 1 cases

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.

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

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Opinion

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