Cooley v. State

WALDEN, Judge.

Defendant plead guilty to the crime of assault with intent to commit robbery and was duly sentenced. He thereafter filed a motion for post conviction relief under Rule 1.850, 33 F.S.A., saying that his plea was coerced because his attorney (Public Defender) told him that he would receive the death penalty if he did not plead guilty and that, if the plea was made, he would receive a five year sentence. This motion was denied without an evidentiary hearing. Defendant appeals. We reverse.

Review of the record so far as it travels, as conceded by defendant, reveals no lack of…