Blake v. State

Petitioner seeks review of an order denying his motion under Criminal Procedure Rule No. 1, F.S.A., Chapter 924, Appendix, to obtain collateral relief against his conviction and sentence for the crime of aggravated assault.

After having heard oral argument, and reviewed the motion and accompanying record, we find petitioner’s allegation that he plead guilty to the charge of aggravated assault while under the mistaken belief that his plea was directed to another unrelated offense only, is not conclusively refuted by the record. Since petitioner is presently serving sentence based on his…