Eugene v. Ross v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

CLARK, Circuit Judge:

Eugene V. Ross was seventeen years old when he was charged with rape by the State of Florida. He initially entered a plea of not guilty but upon advice of his court-appointed counsel, he changed his plea in open court to guilty. Upon conviction on this plea, he was sentenced to life imprisonment. The crucial colloquy that occurred at the time of repleading among Ross, his counsel, the prosecutor and the trial court judge is set out in the margin. 1 Ross took no appeal from his conviction and sentence, but within four months thereafter filed a motion to vacate and set…