EDDY DUTCHVILLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
' Appellant seeks reversal of the summary denial of his motion for postconviction relief ^nder Criminal Procedure Rule 1 (now Rule 1.850, 33 F.S.A.). His motion alleged that the State knowingly used perjured testimony at his trial. Such allegation is not conclusively refuted by the record. Consequently, it was sufficient to have entitled appellant to an evidentiary hearing thereon. Rayburn v. State, Fla.App.1967, 203 So.2d 212, 213.
Accordingly, we reverse the appealed order and remand the cause with instructions to conduct an evidentiary hearing on the aforesaid allegation and to make findings of fact and conclusions of law with respect thereto.
Reversed and remanded.
LILES, C. J., and ALLEN and HOB-SON, JJ., concur.
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Hooks v. State, 253 So. 2d 424 (Fla. 1971)…me, either before or during the progress of the trial. Post-conviction relief has been granted where the record showed that an indigent was unable to obtain an interview with the public defender prior to entering a plea of guilty. See Bush v. State, 209 So. 2d 696 (Fla.App.4th, 1968). When a case is appealed and the defendant is represented by counsel, the defendant has no absolute right to participate and represent himself. This is a matter in the discretion of the Court. See Powell v. State, 206 So. 2d 47…
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Carlton George Mitchell, Jr. v. State, 213 So. 2d 289 (Fla. 2d DCA 1968)…l does have grounds for vacation of his plea of guilty they ought to be stated with particularly in a subsequent [*290] petition, after consultation with counsel. We assume that the Public Defender will find time for this purpose. See Bush v. State, 209 So. 2d 696 (Fla.App.1968). Affirmed. LILES, C. J., and PIERCE, J., concur.…
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Harlan Glen LAY v. State, 224 So. 2d 369 (Fla. 4th DCA 1969)…s motion. Lay’s allegations were not refuted by the state. Inconsistent with Rule 1.850, F.S.A. the trial court erred in not granting an evidentiary hearing on this motion. Estrella v. State, Fla.App.1968, 215 So. 2d489; Bush v. State, Fla.App.1968, 209 So. 2d 696; Bennett v State, Fla.App. 1967, 203 So. 2d 211. This cause is reversed and remanded for complete and prompt evidentiary hearing. WALDEN, C. J., and McCAIN and REED, JJ., concur.…
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- Rayburn v. State, 203 So. 2d 212 (Fla. 2d DCA 1967)