Johnson v. State

PEARSON, Judge.

On this appeal from a summary denial of appellant’s Rule I petition, the State, with admirable candor, concedes that the appeal is governed by Collins v. Wainwright, Fla.1962, 146 So.2d 97. Therefore, the order denying appellant’s Rule 1 petition, without an evidentiary hearing, is reversed.

The cause is remanded to the trial court with directions to conduct an eviden-tiary hearing upon the question of whether the State has failed to comply with § 932.-38, Fla.Stat.1965, F.S.A.1 We feel it is important to point out that there are instances when parents have received actual…