Opinion
No. 69-274.
January 9, 1970.
Appeal from the Circuit Court for Hillsborough County, Roger D. Flynn, J.
Robert W. Rawlins, Public Defender, and John M. Gilbert, Asst. Public Defender, Tampa, for appellant.
Earl Faircloth, Atty. Gen., Tallahassee, and Morton J. Hanlon, Asst. Atty. Gen., Lakeland, for appellee.
Rudolph's allegation that his plea of guilty to the charge of murder in the first degree was coerced is not refuted by the brief voir dire prior to reception of the plea. He is thus entitled to an evidentiary hearing on his petition. Cf. Steinhauser v. State, Fla.App., 228 So.2d 446, November 26, 1969.
Reversed and remanded.
LILES, A.C.J., and McNULTY, J., concur.