MELTON D. BLACKMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1971-12-13
No. 71-299
WALDEN, OWEN and MAGER, JJ., concur.
256 So. 2d 18 Florida District Court of Appeal, Fourth District (1971) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

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 re*19versed and the cause remanded to the trial court for the purpose of providing an evi-dentiary hearing solely on the issue of the voluntariness of the guilty plea.

WALDEN, OWEN and MAGER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Dickerson v. State, 285 So. 2d 699 (Fla. 4th DCA 1973)
    …relief contains sufficient allegations to entitle appellant to an evidentiary hearing under Rule 3.850, FRCrP, 33 F.S.A., on the issue of insanity at the time of trial, as such allegation is not conclusively refuted by the record. Blackman v. State, 256 So. 2d 18 (Fla.App.1971). See also Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Cf. Fast v. State, 221 So. 2d 203 (Fla.App.1969);. Estrella v. State, 215 So. 2d 489 (Fla.App.1968); Thomas v. State, 210 So. 2d 488 (Fla.App.1968); Estev…
  • Erler v. State, 276 So. 2d 498 (Fla. 4th DCA 1973)
    …record on appeal and oral argument we are of the opinion that the motion for post-conviction relief contains sufficient allegations to entitle appellant to an evidentiary hearing under Rule 3.850, FRCrP., 33 F.S. A. Blackman v. State, Fla.App.1971, 256 So. 2d 18. See also Brady v. Maryland, 373 [*499] U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Cf. Fast v. State, Fla.App.1969, 221 So. 2d 203; Estevez v. State, Fla.App.1968, 206 So. 2d 697; Marti v. State, Fla.App.1964, 163 So. 2d 506; Estrella v. State,…

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