242 So. 2d 181

James BIGGS, Appellant, v. STATE of Florida, Appellee.

No. 70-234.

District Court of Appeal of Florida, Second District.

Dec. 16, 1970.

David F. Lanier, Avon Park, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee and Charles Corees, Jr., Asst. Atty. Gen., Lakeland, for appellee.

MANN, Judge.

Appellant concedes that he entered voluntarily a plea of guilty to the charge of breaking and entering but did not understand that he was pleading to a charge of breaking and entering with intent to commit a felony. We do not find in the record before us substantiation of the trial court’s recital that “it conclusively appears” that the petitioner is entitled to no relief under CrPR 1.850, 33 F.S.A. Appellant is entitled to an evidentiary hearing on the question whether he understood the plea to extend to the more serious breaking and entering charge.

Reversed and remanded.

LILES, A. C. J., and PIERCE, J., concur.

Biggs v. State
242 So. 2d 181

Case Details

Name
Biggs v. State
Decision Date
Dec 16, 1970
Citations

242 So. 2d 181

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!