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Winegard v. State

District Court of Appeal of Florida, Second District
May 6, 1970
234 So. 2d 166 (Fla. Dist. Ct. App. 1970)

Opinion

No. 69-581.

April 8, 1970. Rehearing Denied May 6, 1970.

Appeal from the Circuit Court, Hardee County, H. Gunter Stephenson, J.

R. Earl Collins, Wauchula, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Morton J. Hanlon, Asst. Atty. Gen., Lakeland, for appellee.


Appellant's motion for post conviction relief under Cr.P.R. 1.850 was summarily denied by the lower court on the ground that the motion and the files and records in the case conclusively showed that appellant was entitled to no relief. The record on appeal, however, does not conclusively show that appellant's plea of guilty was voluntary, because there is no transcript of the arraignment proceedings. Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed. 274; Rudolph v. State, Fla.App. 1969, 230 So.2d 14; Steinhauser v. State, Fla.App. 1969, 228 So.2d 446. For this reason appellant is entitled to an evidentiary hearing.

Reversed and remanded.

HOBSON, C.J., and PIERCE and MANN, JJ., concur.


Summaries of

Winegard v. State

District Court of Appeal of Florida, Second District
May 6, 1970
234 So. 2d 166 (Fla. Dist. Ct. App. 1970)
Case details for

Winegard v. State

Case Details

Full title:ROBERT WINEGARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 6, 1970

Citations

234 So. 2d 166 (Fla. Dist. Ct. App. 1970)

Citing Cases

Clements v. State

For this reason, Clements is entitled to an evidentiary hearing. Winegard v. State, 234 So.2d 166 (Fla.2d DCA…