Legal Opinion

Bennett v. State

District Court of Appeal of Florida

Decided October 18, 1967No. 67-30PublishedCited by 2 opinions

1Opinion of the Court

SHANNON, Judge.

Irvin LaPaul Bennett pleaded guilty to and was convicted of grand larceny and four counts of conspiracy to utter a forged instrument. He was at all times represented below by private counsel. He subsequently filed a motion for postconviction relief pursuant to Fla.R.Crim.P. 1, F.S.A. ch. 924 Appendix, alleging as the sole ground therefor that his plea of guilty was coerced by the police. His motion was denied without a hearing, and he appeals.

Appellant’s unrebutted claim that he was coerced to plead guilty entitled him to an evidentiary hearing on his motion, Williams v. State,…

2Cases cited4 opinions

  1. Jones v. StateDistrict Court of Appeal of Florida · 1964
  2. Lee v. StateDistrict Court of Appeal of Florida · 1965
  3. Hamilton v. StateDistrict Court of Appeal of Florida · 1966
  4. Williams v. StateDistrict Court of Appeal of Florida · 1966

3Cited by2 opinions

  1. Lay v. StateDistrict Court of Appeal of Florida · 1969
  2. McCall v. StateDistrict Court of Appeal of Florida · 1969

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