Greeson v. State
Greeson v. State
Opinion of the Court
The appellant entered a plea of guilty to a charge of second degree murder and was adjudged guilty and sentenced to life im
After having appointed an attorney who had exercized energy and diligence in order to determine the factual background under which the plea of guilty was made and the, attorney having filed a summary of the statements of the witnesses, the trial court should have considered the depositions, as reflected by the summary, as an amendment to the petition. Thus viewed, the State’s motion to strike should not have been granted, although it might have been sustained if directed to the petition as originally filed. The record, as supplemented by the depositions, does not refute the allegations of irregularity in acceptance of the appellant’s guilty plea when viewed in the light of the sworn testimony of the witnesses contained in the depositions. The court should have proceeded with the evidentiary hearing in order to make a factual determination of the allegations of the motion.
We therefore reverse the order striking appellant’s petition for relief pursuant to CrPR 1.850, and remand the cause with directions to conduct an evidentiary hearing upon the motion. Cf. Flores v. Wainwright, Fla.App.1970, 240 So.2d 816; O’Malley v. Wainwright, Fla.App.1970, 237 So.2d 813.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.