Richardson v. State, 202 So. 2d 137 (Fla. 3d DCA 1967). · Go Syfert
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Richardson v. State, 202 So. 2d 137 (Fla. 3d DCA 1967). Cases Citing This Book View Copy Cite
11 citation events across 2 distinct courts.
Strongest positive: Hooper v. State (fladistctapp, 1970-02-27)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see, e.g." Hooper v. State
Fla. Dist. Ct. App. · 1970 · signal: see also · confidence low
See also our opinion in Manning v. State, Fla.App., 203 So.2d 360 , the 3rd District cases of Chisholm v. State, Fla.App. 220 So.2d 383 and Richardson v. State, Fla.App., 202 So.2d 137 , and the 4th District case of Lee v. State, Fla.App., 204 So.2d 245 , all cited in Steinhauser .
cited Cited "see, e.g." Garcia v. State
Fla. Dist. Ct. App. · 1969 · signal: compare · confidence low
Compare Richardson v. State, Fla.App. 1967, 202 So.2d 137 .
Retrieving the full opinion text from the archive…
Elijah RICHARDSON
v.
The STATE of Florida
No. 66-918.
District Court of Appeal of Florida, Third District.
Aug 8, 1967.
202 So. 2d 137
Robert L. Koeppel, Public Defender, and Marvin J. Emory, Jr., Asst. Public Defender, for appellant., Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.
Aquili, Barkdull, Carroll, Lopez.
Cited by 9 opinions  |  Published

Lead Opinion

PER CURIAM.

Appellant seeks review of an order summarily denying his third petition, filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.

The appellant first pleaded not guilty and then changes his plea to guilty, and was adjudged guilty of the crime of rape and sentenced to life imprisonment in the State penitentiary. Subsequent thereto, he has filed three petitions to vacate under Criminal Procedure Rule No. 1. He filed the instant petition [the third] alleging, in part, a new ground that he was coerced into pleading guilty by his court-appointed counsel in concert with the judge.

Although we may doubt whether the appellant can establish these charges, under the decision of Jones v. State, Fla. App.1964, 165 So.2d 191, we are compelled to reverse this order summarily denying relief, because the record fails to refute the allegations made by the petition.

Therefore, the order under review is hereby reversed and the cause is remanded to the trial court for the purpose of receiving pleadings and/or affidavits, exhibits, etc., from the State in response to the appellant’s petition and evidence on the issues as made. See: King v. State, Fla.App.1963, 157 So.2d 440.

Reversed and remanded with directions.

Rehearing

ON REHEARING GRANTED

The record on appeal has been supplemented by the proceedings which took place before the trial judge on the change of plea from not guilty to guilty. The court having considered same in reference to the appellant’s contention that his guilty plea was coerced, we grant the petition for rehearing and, upon reconsideration of the order appealed, we affirm the trial court’s action denying the appellant’s third petition for relief pursuant to petition under Criminal Rule No. 1, and recede from our prior opinion dated August 8, 1967.