Florida District Courts of Appeal, 1971

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided January 8, 1971 · Hobson, Liles, Mann
242 So. 2d 750 (Southern Reporter, Second Series)

Davis v. State

Opinion of the Court

PER CURIAM.

Davis’ plea of guilty, entered after Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, is alleged to have been coerced. This allegation is not refuted on the face of the record and consequently Davis is entitled to an evi-dentiary hearing. See Johnson v. Wainwright, Fla.1970, 238 So.2d 590. See also State v. Reynolds, Fla.1970, 238 So.2d 598 at page 600. Cf. Steinhauser v. State, Fla.App.1969, 228 So.2d 446.

Reversed and remanded.

LILES, Acting C. J., and HOBSON and MANN, JJ., concur.

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