James Stanley Roberts v. State Florida

The defendant was arrested by deputy sheriffs Gately and Brown of Monroe County, Florida. Informations were filed charging him with vagrancy and resisting arrest with violence. He was arraigned, waived the right to trial by jury and entered a plea of not guilty to the charge of vagrancy and guilty to the charge of resisting arrest with violence. The trial court found the defendant guilty on both charges, deferred sentencing on the charge of vagrancy and sentenced him to a term of six months to two years in the state correctional institution on the charge of resisting arrest with violence. Due to a faulty recording machine, no record of the proceedings to this point is available. Subsequently, the defendant filed a motion to set aside the judgment of conviction and for leave to withdraw his plea of guilty and enter a plea of not guilty. The motion alleged, inter alia: