WILLIAM RAY RODEHEAVER, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, RESPONDENT
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Habeas corpus petition to set aside a guilty plea from 1965 is denied because Boykin v. Alabama, which requires disclosure of voluntary and understanding guilty pleas, does not apply retroactively to pre-1969 pleas.
A guilty plea entered before Boykin v. Alabama was decided is not subject to Boykin's requirement that the record disclose voluntary and understanding entry of the plea.
[1] Boykin v. …
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Join FLexlaw to unlock all legal intelligencePetitioner entered guilty pleas to two informations for larceny of an automobile and grand larceny in 1965, at which time four other informations were…
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This is a habeas corpus petition seeking to set aside a guilty plea to two in-formations for larceny of an automobile and grand larceny. At the time said pleas were tendered and accepted, four other informations charging petitioner with the commission of crimes were nolle prossed.
The claim of petitioner rests on Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), which held that it is error to accept a guilty plea where the record does not disclose that the defendant voluntarily and understandingly entered his guilty plea. Petitioner’s reliance on Boykin is mislaid. His guilty plea was entered in 1965. Boykin was decided June 2, 1969. The Florida Supreme Court refused to apply Boykin retroactively in Johnson v. Wainwright, Fla., 238 So.2d 590, decided July 13, 1970. In Odle v. State, 241 So.2d 184 (Fla.App.1970), the court held Boykin not to be entitled to> retroactive application relying on Halliday v. United States, 394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed. 2d 16 (1969); McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), and a host of authorities from other jurisdictions.
Since the guilty plea in the case at hand was pre-Boykin, it is unaffected by that decision.
Petitioner’s reliance upon the provisions of Rule 1.170, Florida Rules of Criminal Procedure, 33 F.S.A., is equally unavailing since the plea also antedates the adoption of the rule.
Petition denied.
WIGGINTON, Acting C. J., and Carroll, Donald, J., concur.
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Hunter v. State, 279 So. 2d 321 (Fla. 1st DCA 1973)…PER CURIAM. The briefs and the record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the order of the lower court is affirmed. See Rodeheaver v. Wainwright, 245 So. 2d 633 (Fla.App.1971). CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.…
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Reddish v. State, 335 So. 2d 15 (Fla. 1st DCA 1976)…motion to vacate and set aside the judgment and sentence which the trial court denied. It is from the denial of that motion that appellant now appeals. We are of the view that this case is controlled by Rodeheaver v. Wainwright, Fla.App. 1st 1971, 245 So. 2d 633, and must be AFFIRMED. [*16] McCORD, J., concurs. RAWLS, J., specially concurs.…
Authorities Cited
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969)
- McCARTHY v. United States, 394 U.S. 459 (U.S. 1969)
- Halliday v. United States, 394 U.S. 831 (U.S. 1969)
- Johnson v. Louie L. Wainwright, 238 So. 2d 590 (Fla. 1970)
- MAY v. State, 241 So. 2d 184 (Fla. 1st DCA 1970)