Legal Opinion
Johnson v. State
District Court of Appeal of Florida
Decided September 15, 1978No. 78-1140PublishedCited by 5 opinions
1Opinion of the Court
362 So.2d 465 (1978)
Lester JOHNSON, Appellant,
v.
STATE of Florida, Appellee.
No. 78-1140.
District Court of Appeal of Florida, Second District.
September 15, 1978.
DANAHY, Judge.
Appellant filed a motion to vacate his sentence under Fla.R.Crim.P. 3.850. In that motion he alleged that a prior conviction was invalid under Gideon v. Wainwright[1] and that the trial court had used the prior conviction to enhance his sentence in this case.
The trial court denied appellant's motion without an evidentiary hearing. We reverse. If the allegations contained in the motion are true,[2] appellant is entitled to…
2Cases cited2 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Wolfe v. StateDistrict Court of Appeal of Florida · 1975
3Cited by5 opinions
- Larry Eugene Mann v. Richard L. Dugger, Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1987
- Lofton v. StateDistrict Court of Appeal of Florida · 1983
- Washington v. StateDistrict Court of Appeal of Florida · 1983
- Washington v. StateDistrict Court of Appeal of Florida · 1983
- Larry Eugene Mann v. Richard L. Dugger, Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1987