Florida District Courts of Appeal, 1979

Livingston v. State

Florida District Courts of Appeal · Decided November 2, 1979 · Booth, Ervin, Smith

376 So. 2d 461; 1979 Fla. App. LEXIS 16063 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Buckner v. PHYSICIANS PROTECTIVE TR. FUND (Fla. Dist. Ct. App. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Since the record does not conclusively refute appellant’s claim, the denial of appellant’s motion for post-conviction relief without an evidentiary hearing is reversed and remanded for an evidentiary hearing on appellant’s allegation that his plea was coerced by threats made by his court-appointed attorney. Bryant v. State, 355 So.2d 497 (Fla. 1st DCA 1978).

ROBERT P. SMITH, Jr., Acting C. J. and ERVIN, J., concur. BOOTH, J., dissents.

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