BIGGS v. STATE

No. 70-234.

242 So.2d 181 (1970)

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

District Court of Appeal of Florida, Second District.

December 16, 1970.


Attorney(s) appearing for the Case

David F. Lanier, Avon Park, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee and Charles Corces, 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...

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