Opinion
No. PP-216.
November 2, 1979.
Appeal from the Circuit Court, Okaloosa County, Erwin Fleet, J.
Billy Livingston, in pro per.
No appearance for appellee.
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.