WILLIAM P. YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM P. YOUNG, APPELLANT,
STATE OF FLORIDA, APPELLEE
233 So. 2d 178
Florida District Court of Appeal, Second District (1970)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gayle v. State, 265 So. 2d 389 (Fla. 2d DCA 1972)…nsel at sentencing does not cure the defect. We believe, pursuant to Boykin v. State of Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, and Florida cases, Flores v. Wainwright, Fla.App.1970, 240 So. 2d 816; Young v. State, Fla.App.1970, 233 So. 2d 178, appellant is entitled to an evidentiary hearing on his motion. Reversed and remanded for an evidenti-ary hearing. PIERCE, C. J., and HOBSON, J., concur.…
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Hall v. State, 273 So. 2d 90 (Fla. 4th DCA 1973)…. 2d 872; Kelly v. State, Fla.App.1971, 254 So. 2d 22; People v. Sepulvado, 1970, 27 Mich.App. 66, 183 N.W. 2d 327; Dill v. State, Fla.App.1971, 248 So. 2d 502. Compare with Clark v. State, Fla.App.1972, 256 So. 2d 551; Young v. State, Fla.App.1970, 233 So. 2d 178; Johnson v. Wainwright, Fla.1970, 238 So. 2d 590. A reading of Boykin v. Alabama, supra, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, indicates that that decision “simply requires an affirmative record showing that a guilty plea is entered voluntar…
Authorities Cited
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969)
- Steinhauser v. State, 228 So. 2d 446 (Fla. 2d DCA 1969)
- Rudolph v. State, 230 So. 2d 14 (Fla. 2d DCA 1970)
- Rogers v. State, 230 So. 2d 14 (Fla. 1st DCA 1969)