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JOHNSON v. STATE

No. 67-81.

205 So.2d 694 (1967)

William JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

December 27, 1967.

Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender and Marvin J. Emory, Jr., Assistant Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and HENDRY, JJ.

PEARSON, Judge.

On this appeal from a summary denial of appellant's Rule I petition, the State, with admirable candor, concedes that the appeal is governed by Collins v. Wain-wright, Fla. 1962, 146 So.2d 97. Therefore, the order denying appellant's Rule I petition, without an evidentiary hearing, is reversed.

The cause is remanded to the trial court with directions to conduct an evidentiary hearing upon the question of whether...

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