Young v. State

District Court of Appeal of Florida

Young v. State

233 So. 2d 178, 1970 Fla. App. LEXIS 6642

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 1970

DocketNo. 69-574

StatusPublished

Cited by2 cases

This text of 233 So. 2d 178 (Young 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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Young v. State, 233 So. 2d 178, 1970 Fla. App. LEXIS 6642 (Fla. Ct. App. 1970).

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Opinion

MANN, Judge.

Young’s petition under CrPR 1.850, 33 F.S.A. was denied prior to our decision in Rudolph v. State, Fla.App.1970, 230 So.2d 14, in which allegations of erroneous reception of a guilty plea not refuted by the record were held to entitle the petitioner to an evidentiary hearing. Accordingly, the order is reversed for further proceedings. See also Steinhauser v. State, Fla.App. 1969, 228 So.2d 446. Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed. 2d 274, although it did not involve a post-conviction petition, is instructive.

Reversed.

LILES, A. C. J., and PIERCE, J., concur.

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MANN, Judge.

Young’s petition under CrPR 1.850, 33 F.S.A. was denied prior to our decision in Rudolph v. State, Fla.App.1970, 230 So.2d 14, in which allegations of erroneous reception of a guilty plea not refuted by the record were held to entitle the petitioner to an evidentiary hearing. Accordingly, the order is reversed for further proceedings. See also Steinhauser v. State, Fla.App. 1969, 228 So.2d 446. Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed. 2d 274, although it did not involve a post-conviction petition, is instructive.

Reversed.

LILES, A. C. J., and PIERCE, J., concur.

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233 So. 2d 178, 1970 Fla. App. LEXIS 6642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-state-fladistctapp-1970.

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