Martinez v. State

SCHWARTZ, Judge.

The trial judge denied the defendant’s Fla.R.Crim.P. 3.850 motion without an evi-dentiary hearing. The record before us does not conclusively refute the motion’s sworn 1 allegations (a) that he was given erroneous advice by appointed counsel concerning the non-existence, under the law, of his alleged defense of self-defense to the charges against him, see State v. Lyles, 316 So.2d 277 (Fla.1975); Giles v. State, 363 So.2d 164 (Fla. 3d DCA 1978); and (b) that, in pleading guilty, he was not informed and did not understand that he was waiving his right to trial by jury. Boykin…