Jones v. State, 4445
Citation | 165 So.2d 191 |
Decision Date | 10 June 1964 |
Docket Number | No. 4445,4445 |
Parties | William H. JONES, Appellant, v. STATE of Florida, Appellee. |
Court | Court of Appeal of Florida (US) |
Robert E. Jagger, Public Defender, Clearwater, for appellant.
James W. Kynes, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.
This is an appeal from an order denying the appellant's motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The appellant on June 4, 1963, filed a motion to vacate his judgment and sentence on the grounds that he was coerced into pleading guilty and that he did not have the effective assistance of counsel. The trial court denied this motion without a hearing. The question relating to the effective assistance of counsel is affirmed. We are concerned solely with the issue of whether the court properly denied the defendant's motion which raised the factual issue of a coerced plea of guilty. The defendant's motion sets forth the facts of the alleged coercion in great detail, stating, in part:
The state attorney's answer did not refute this, and the record which was before the trial judge made no mention of it. The question now before the court is whether a defendant who alleges that he was coerced into pleading guilty is entitled to a hearing under Criminal Procedure Rule No. 1. In the case of Waley v. Johnston, 1941, 316 U.S. 101, 62 S.Ct. 964, 86 L.Ed. 1302, the defendant attacked the judgment and sentence on the ground that his plea of guilty was coerced by threats from federal officers. The return filed by the United States did not deny the alleged facts of coercion. The Supreme Court held that the defendant was entitled to a hearing in that his petition raised factual issues. The per curiam opinion stated:
* * *'
...
To continue reading
Request your trial-
Reddick v. State, 6551
...So. 282; Nickels v. State, 1923, 86 Fla. 208, 98 So. 497, 99 So. 121; Brown v. State, 1926, 92 Fla. 592, 109 So. 627. In Jones v. State, Fla.App.1964, 165 So.2d 191, this 2nd District Court reversed an order denying a motion under Rule No. 1 brought to obtain relief from being allegedly coe......
-
Brumley v. State
...threats by a sheriff or a deputy sheriff the plea is not voluntary and may be vacated under Criminal Procedure Rule 1.850. Jones v. State, Fla.App.1964, 165 So.2d 191; Reddick v. State, Fla.App.1966, 190 So.2d 340; Plymale v. State, Fla.App.1966, 182 So.2d 57; and Waley v. Johnston, 1942, 3......
-
Steinhauer v. State
...he was induced to plead guilty or to confess. Therefore, the holdings in Reddick v. State, Fla.App.1966, 190 So.2d 340; Jones v. State, Fla.App.1964, 165 So.2d 191 and Lee v. State, Fla.App.1965, 175 So.2d 95, are not Accordingly, the order denying amended motion for relief pursuant to crim......
-
State v. Cooper, 36603
...Neb. 671, 144 N.W.2d 406; State v. Snyder, 180 Neb. 787, 146 N.W.2d 67; United States v. French, 7 Cir., 274 F.2d 297; Jones v. State of Florida (Fla.App.), 165 So.2d 191; Williams v. State of Florida (Fla.App.), 186 So.2d 279; Waley v. Johnston, 316 U.S. 101, 62 S.Ct. 964, 86 L.Ed. 1302; U......