Florida District Courts of Appeal, 1970

Young v. State

Young v. State
Florida District Courts of Appeal · Decided March 18, 1970 · Liles, Mann, Pierce
233 So. 2d 178; 1970 Fla. App. LEXIS 6642 (Southern Reporter, Second Series)

Young v. State

Opinion of the Court

MANN, Judge.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.