Gibson v. State

WALDEN, Chief Judge.

Wilkin Leroy Gibson appeals the summary denial of his motion to vacate judgment and sentence pursuant to Criminal Procedure Rule One (now Rule 1.850, 33 F.S.A.). The only point here asserted is that,

“[t]he trial court erred in summarily denying defendant’s motion alleging that his plea of guilty was coerced since such an allegation per se demands an eviden-tiary hearing.”

Defendant argues that a naked assertion that his guilty plea was coerced will automatically entitle him to an evidentiary hearing unless “the records and files in the case * * * do not conclusively show…