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326 So. 2d 50

Holman v. State

District Court of Appeal of Florida

Decided January 30, 1976

District Court of Appeal of Florida · decided 1976-01-30

Cited by 1 later decisions — most recently December 1984

1 state decisions

Relies on 260 So. 2d 198 - Costello v. State · 246 So. 2d 41 - Catyb v. Deville

Good law ✅— No negative treatment on recordhow we know

Decided 1976-01-30

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PER CURIAM.

¶1In 1951 appellant, Willie Lee Holman, was convicted of assault with intent to commit first-degree murder and sentenced to twenty years imprisonment. He was charged that same year with a separate offense of first-degree murder; he pled guilty to a reduced charge of murder in. the second degree and was given a second, consecutive twenty-year sentence.

¶2In this third postconviction motion, Holman, for'the first time, sufficiently alleges that his guilty plea was involuntary. Allegedly, his plea was induced by his attorneys’ misrepresentations that the twenty-year murder sentence was to run concurrently with the assault sentence. Since this allegation states a sufficient claim for relief1 and since it is unrefuted by the meager record, we remand for an eviden-tiary hearing.

¶3Reversed and remanded for further proceedings consistent with this opinion.

McNULTY, C. J., and HOBSON and BOARDMAN, JJ., concur.

¶4. See Costello v. State, Fla.1972, 260 So.2d 198; Brown v. State, Fla.1971, 246 So.2d 41.

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