Florida District Courts of Appeal, 1970

Winegard v. State

Winegard v. State
Florida District Courts of Appeal · Decided April 8, 1970 · Hobson, Mann, Pierce
234 So. 2d 166; 1970 Fla. App. LEXIS 6497 (Southern Reporter, Second Series)

Winegard v. State

Opinion of the Court

PER CURIAM.

Appellant’s motion for post conviction relief under Cr.P.R. 1.850 was summarily denied by the lower court on the ground that the motion and the files and records in the case conclusively showed that appellant was entitled to no relief. The record on appeal, however, does not conclusively show that appellant’s plea of guilty was voluntary, because there is no transcript of the arraignment proceedings. Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed. 274; Rudolph v. State, Fla.App.1969, 230 So.2d 14; Steinhauser v. State, Fla.App.1969, 228 So.2d 446. For this reason appellant is entitled to an evi-dentiary hearing.

Reversed and remanded.

HOBSON, C. J., and PIERCE and MANN, JJ., concur.

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