Livingston v. State

Since the record does not conclusively refute appellant’s claim, the denial of appellant’s motion for post-conviction relief without an evidentiary hearing is reversed and remanded for an evidentiary hearing on appellant’s allegation that his plea was coerced by threats made by his court-appointed attorney. Bryant v. State, 355 So.2d 497 (Fla. 1st DCA 1978).

ROBERT P. SMITH, Jr., Acting C. J. and ERVIN, J., concur. BOOTH, J., dissents.