ROBERT WINEGARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT WINEGARD, APPELLANT,
STATE OF FLORIDA, APPELLEE
234 So. 2d 166
Florida District Court of Appeal, Second District (1970)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Clements v. State, 346 So. 2d 1233 (Fla. 3d DCA 1977)…roceedings is unavailable. Thus, there were no records before the trial court at the time that Clement’s motion was heard which conclusively refutes the allegations. For this reason, Clements is entitled to an evidentiary hearing. Winegard v. State, 234 So. 2d 166 (Fla.2d DCA 1970). Reversed and remanded.…
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)