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Young v. State

District Court of Appeal of Florida, Second District
Mar 18, 1970
233 So. 2d 178 (Fla. Dist. Ct. App. 1970)

Opinion

No. 69-574.

March 18, 1970.

Appeal from the Circuit Court for Manatee County, Robert E. Hensley, J.

William P. Young, in pro. per.

Earl Faircloth, Atty. Gen., Tallahassee, and Morton J. Hanlon, Asst. Atty. Gen., Lakeland, for appellee.


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.


Summaries of

Young v. State

District Court of Appeal of Florida, Second District
Mar 18, 1970
233 So. 2d 178 (Fla. Dist. Ct. App. 1970)
Case details for

Young v. State

Case Details

Full title:WILLIAM P. YOUNG, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 18, 1970

Citations

233 So. 2d 178 (Fla. Dist. Ct. App. 1970)

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