WILLIE LEE HOLMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a postconviction motion sufficiently alleging an involuntary guilty plea induced by attorney misrepresentation warrants an evidentiary hearing.
Willie Lee Holman, convicted of assault and murder in 1951, filed a third postconviction motion alleging his guilty plea to second-degree murder was i…
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PER CURIAM.
In 1951 appellant, Willie Lee Holman, was convicted of assault with intent to commit first-degree murder and sentenced to twenty years imprisonment. He was charged that same year with a separate offense of first-degree murder; he pled guilty to a reduced charge of murder in. the second degree and was given a second, consecutive twenty-year sentence.
In this third postconviction motion, Holman, for'the first time, sufficiently alleges that his guilty plea was involuntary. Allegedly, his plea was induced by his attorneys’ misrepresentations that the twenty-year murder sentence was to run concurrently with the assault sentence. Since this allegation states a sufficient claim for relief1 and since it is unrefuted by the meager record, we remand for an evidentiary hearing.
Reversed and remanded for further proceedings consistent with this opinion.
McNULTY, C. J., and HOBSON and BOARDMAN, JJ., concur. . See Costello v. State, Fla.1972, 260 So. 2d 198; Brown v. State, Fla.1971, 246 So. 2d 41.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lawrence v. State, 462 So. 2d 48 (Fla. 1st DCA 1984)…his attorney’s promise that the sentence imposed would be concurrent rather than consecutive when in fact the sentence was consecutive, Lawrence makes a legally sufficient postconviction challenge to the vol-untariness of his plea. Holman v. State, 326 So. 2d 50 (Fla. 2d DCA 1976). But after reviewing the portions of the plea and sentencing transcript attached to the order, we find the record conclusively shows Lawrence is entitled to no relief. Pursuant to a plea bargain, Lawrence withdrew his plea of not…
Authorities Cited
- Costello v. State, 260 So. 2d 198 (Fla. 1972)