LaHANE v. STATE

No. 73-1226.

298 So.2d 524 (1974)

James W. LaHANE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 16, 1974.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Bruce J. Daniels, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Stephen R. Koons, Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Chief Judge.

Appellant's motion to vacate under Rule 3.850, RCrP was denied without an evidentiary hearing. We conclude that this was error.

Appellant alleged that his plea of nolo contendere to the offense of grand larceny was rendered involuntary because it had been entered upon the promise of his counsel and the prosecutor that the court would sentence him to one year only, but the court later sentenced him to four years instead. The record reflects...

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