BARBARA ANN BILGER A/K/A BARBARA A. NEWTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BARBARA ANN BILGER A/K/A BARBARA A. NEWTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
247 So. 2d 721
Florida District Court of Appeal, Second District (1971)
Positive Treatment
Cited by 1 case
Opinion of the Court
The trial judge did not follow Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, and the guilty plea received cannot stand without a record supporting its voluntariness. Appellant’s contention that she was promised probation if she would waive extradition from Ohio and plead guilty is disputed by the State, which claims that no promises were made. It is clear, however, that the State’s agents discussed probation with appellant’s Ohio counsel, were advised that she would be accepted as a probationer there and there is here at least the degree of misunderstanding present in Brown v. State, Fla. 1971, 245 So.2d 41.
Reversed and remanded with directions to vacate the guilty plea.
PIERCE, C. J., and LILES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ione A. Edelstein v. Peninsular Lumber Supply Co. & Isadore C. Edelstein, 250 So. 2d 898 (Fla. 1971)…Certiorari denied. 247 So. 2d 721. ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and DEKLE, JJ., concur.…
Authorities Cited
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969)
- Brown v. State, 245 So. 2d 41 (Fla. 1971)