HENRY LEE RUDOLPH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1970-01-09
No. 69-274
LILES, A. C. J., and McNULTY, J., concur.
230 So. 2d 14 Florida District Court of Appeal, Second District (1970) Positive Treatment
Cited by 6 cases
Opinion of the Court
MANN, Judge.

MANN, Judge.

Rudolph’s allegation that his plea of guilty to the charge of murder in the first degree was coerced is not refuted by the brief voir dire prior to reception of the plea. He is thus entitled to an evidentiary hearing on his petition. Cf. Steinhauser v. State, Fla.App., 228 So.2d 446, November 26, 1969.

Reversed and remanded.

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

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Flores v. Louie L. Wainwright, 240 So. 2d 816 (Fla. 2d DCA 1970)
    …s it has not been considered and ruled upon. State v. Reynolds, Fla.1970, 238 So. 2d 600. See also Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274; Johnson v. Wainwright, Fla.1970, 238 So. 2d 590; Rudolph v. State, Fla.App.1970, 230 So. 2d 14. Flores’ petition adequately asserts that his state-furnished counsel said he would appeal but didn’t. The record of the post-conviction proceeding which he seeks to review is not before us, so we cannot evaluate it, but we do suggest that in the l…
  • Young v. State, 233 So. 2d 178 (Fla. 2d DCA 1970)
    …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…
  • Winegard v. State, 234 So. 2d 166 (Fla. 2d DCA 1970)
    …al, 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.…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw