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247 So. 2d 721

Bilger v. State

District Court of Appeal of Florida · decided 1971-05-14

Relies on Boykin v. Alabama · 245 So. 2d 41 - Brown v. State

Decided 1971-05-14

MANN, Judge.

¶1The trial judge did not follow Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, and the guilty plea received cannot stand without a record supporting its voluntariness. Appellant’s contention that she was promised probation if she would waive extradition from Ohio and plead guilty is disputed by the State, which claims that no promises were made. It is clear, however, that the State’s agents discussed probation with appellant’s Ohio counsel, were advised that she would be accepted as a probationer there and there is here at least the degree of misunderstanding present in Brown v. State, Fla. 1971, 245 So.2d 41.

¶2Reversed and remanded with directions to vacate the guilty plea.

PIERCE, C. J., and LILES, J., concur.
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