Byrd v. State

On September 26, 1966, the appellant James Lloyd Byrd was charged by information with the crime of assault with intent to commit rape, to which he pleaded not guilty when arraigned. Thereafter, when brought to trial, he offered a plea of guilty to the offense of aggravated assault, which plea was accepted and acted upon by the trial court. He was adjudged guilty and sentenced to imprisonment for a term of five years, on February 3,1967.

Two years later, on March 26, 1969, he filed in the trial court a motion under Rule 1.850 CrPR, 33 F.S.A. for relief from the judgment and sentence. As grounds…