Payne v. State

362 So.2d 688 (1978)

Henry L. PAYNE, Appellant,

v.

STATE of Florida, Appellee.

No. 78-1230.

District Court of Appeal of Florida, Second District.

September 8, 1978.

As Modified September 20, 1978.

RYDER, Judge.

Appellant moved to vacate the sentence given him after a plea of guilty, alleging that his appointed counsel was ineffective and that his plea was involuntary. The trial judge denied the motion without attaching any portion of the record or file and without holding an evidentiary hearing to determine the veracity of appellant's allegations.

If, as is the case here, a motion to vacate sentence…