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DAVIS v. STATE

No. 70-245.

242 So.2d 750 (1971)

John Henry DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 8, 1971.

Attorney(s) appearing for the Case

Walter R. Talley, Public Defender, and W. Daniel Kearney, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and P.A. Pacyna, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

Davis' plea of guilty, entered after Boykin v. Alabama, 1969, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, is alleged to have been coerced. This allegation is not refuted on the face of the record and consequently Davis is entitled to an evidentiary hearing. See Johnson v. Wainwright, Fla. 1970, 238 So.2d 590. See also State v. Reynolds, Fla. 1970, 238 So.2d 598

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