Winegard v. State

District Court of Appeal of Florida

Winegard v. State

234 So. 2d 166, 1970 Fla. App. LEXIS 6497

CourtDistrict Court of Appeal of Florida

DecidedApril 8, 1970

DocketNo. 69-581

StatusPublished

Cited by1 cases

This text of 234 So. 2d 166 (Winegard 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

Winegard v. State, 234 So. 2d 166, 1970 Fla. App. LEXIS 6497 (Fla. Ct. App. 1970).

Pincite

Opinion

PER CURIAM.

Appellant’s motion for post conviction relief under Cr.P.R. 1.850 was summarily denied by the lower court on the ground that the motion and the files and records in the case conclusively showed that appellant was entitled to no relief. The record on appeal, however, does not conclusively show that appellant’s plea of guilty was voluntary, because there is no transcript of the arraignment proceedings. Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed. 274; Rudolph v. State, Fla.App.1969, 230 So.2d 14; Steinhauser v. State, Fla.App.1969, 228 So.2d 446. For this reason appellant is entitled to an evi-dentiary hearing.

Reversed and remanded.

HOBSON, C. J., and PIERCE and MANN, JJ., concur.

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

PER CURIAM.

Appellant’s motion for post conviction relief under Cr.P.R. 1.850 was summarily denied by the lower court on the ground that the motion and the files and records in the case conclusively showed that appellant was entitled to no relief. The record on appeal, however, does not conclusively show that appellant’s plea of guilty was voluntary, because there is no transcript of the arraignment proceedings. Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed. 274; Rudolph v. State, Fla.App.1969, 230 So.2d 14; Steinhauser v. State, Fla.App.1969, 228 So.2d 446. For this reason appellant is entitled to an evi-dentiary hearing.

Reversed and remanded.

HOBSON, C. J., and PIERCE and MANN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

234 So. 2d 166, 1970 Fla. App. LEXIS 6497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winegard-v-state-fladistctapp-1970.

Opinion

Related

Cite This Page — Counsel Stack