Opinion
No. 74-978.
January 30, 1976.
Appeal from the Circuit Court, Polk County, Robert G. Stokes, J.
James A. Gardner, Public Defender and Patrick R. Cunningham, Asst. Public Defender, Bradenton, and Willie Lee Holman, in pro. per., for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.
In 1951 appellant, Willie Lee Holman, was convicted of assault with intent to commit first-degree murder and sentenced to twenty years imprisonment. He was charged that same year with a separate offense of first-degree murder; he pled guilty to a reduced charge of murder in the second degree and was given a second, consecutive twenty-year sentence.
In this third postconviction motion, Holman, for the first time, sufficiently alleges that his guilty plea was involuntary. Allegedly, his plea was induced by his attorneys' misrepresentations that the twenty-year murder sentence was to run concurrently with the assault sentence. Since this allegation states a sufficient claim for relief and since it is unrefuted by the meager record, we remand for an evidentiary hearing.
See Costello v. State, Fla. 1972, 260 So.2d 198; Brown v. State, Fla. 1971, 245 So.2d 41.
Reversed and remanded for further proceedings consistent with this opinion.
McNULTY, C.J., and HOBSON and BOARDMAN, JJ., concur.