ALDO CAMPI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Boykin V. Alabama cases and more on FLexlaw
DAUKSCH, Judge.
This is an appeal from a summary denial of a motion to vacate judgment and sentence filed under Florida Rules of Criminal Procedure 3.850. The trial court held the motion and the files and records in the case conclusively show the prisoner/petitioner is entitled to no relief and thus denied an evidentiary hearing. We have reviewed the record before us and have determined there is sufficient question raised as to whether the petitioner intelligently and voluntarily entered his plea of guilty with full knowledge of the consequences of the plea and with complete understanding of the nature and consequences of the plea of guilty.
The summary order denying the motion to vacate is reversed and this cause remanded for hearing on the petition. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969).
REVERSED and REMANDED.
DOWNEY, C. J., and CROSS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Thomas v. State, 390 So. 2d 104 (Fla. 3d DCA 1980)…on on the day of the plea. I do not believe, therefore, that it can be said that the record shows “conclusively that the appellant is entitled to no relief.” Fla.R.App.P. 9.140(g). See, State v. Weeks, 166 So. 2d 892, 897 (Fla.1964); Campi v. State, 371 So. 2d 1085 (Fla. 4th DCA 1979); Estrella v. State, 215 So. 2d 489 (Fla. 3d DCA 1968). Accordingly, I would reverse the order below and remand the cause for an evidentiary hearing. Coates v. United States, 273 F. 2d 514 (D.C.Cir.1959); see, Manley v. United Sta…
Authorities Cited
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969)