COOLEY v. STATE

No. 70-226.

245 So.2d 679 (1971)

Robert R.D.V. COOLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 8, 1971.


Attorney(s) appearing for the Case

Walter N. Colbath, Jr., Public Defender, and Norman J. Kapner, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Rodney Durrance, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.


WALDEN, Judge.

Defendant plead guilty to the crime of assault with intent to commit robbery and was duly sentenced. He thereafter filed a motion for post conviction relief under Rule 1.850, 33 F.S.A., saying that his plea was coerced because his attorney (Public Defender) told him that he would receive the death penalty if he did not plead guilty and that, if the plea was made, he would receive a five year sentence. This motion was denied without an evidentiary hearing...

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