McCall v. State

McCall, appellant, appeals from an order denying a Rule 1.850, 33 F.S.A., motion to vacate a conviction and sentence.

McCall alleges that his plea of guilty on an information of robbery was not free and voluntary. He charges misrepresentation by the trial judge, and promises by police officials were made to induce and coerce his plea of guilty. No hearing was granted McCall by the trial court nor were the allegations made by McCall refuted.

Fact questions raised by petitioner on a Rule 1.850 motion or unrefuted claims of a coerced plea of guilty entitle petitioner to a hearing by the trial…