Blackman v. State

Full title: MELTON D. BLACKMAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 13, 1971

256 So. 2d 18 (Fla. Dist. Ct. App. 1971)

Opinion

No. 71-299.

December 13, 1971.

Appeal from Court of Record for Broward County; Russell E. Seay, Jr., Judge.

Walter N. Colbath, Jr., Public Defender, Norman J. Kapner and Jeffrey H. Barker, Asst. Public Defenders, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Charles W. Musgrove and Nelson E. Bailey, Asst. Attys. Gen., West Palm Beach, for appellee.

PER CURIAM.

On the basis of our review of the briefs, record on appeal and oral argument we are of the opinion that the appellant's motion for post-conviction relief contains sufficient allegations with respect to an alleged coerced guilty plea to entitle appellant to an evidentiary hearing pursuant to Rule 1.850, F.R.Crim.P., 33 F.S.A. Brumley v. State, Fla.App. 1969, 224 So.2d 447. Appellant's other contentions are without merit. Accordingly, the order appealed from is reversed and the cause remanded to the trial court for the purpose of providing an evidentiary hearing solely on the issue of the voluntariness of the guilty plea.

WALDEN, OWEN and MAGER, JJ., concur.