THOMAS J. AUFLICK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
THOMAS J. AUFLICK, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
158 So. 2d 767
Florida District Court of Appeal, Second District (1963)
Positive Treatment
Cited by 8 cases
Opinion of the Court
The appellant, seeking post conviction relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 App., failed to allege that he was insolvent and unable to obtain counsel at the time he entered his plea. *768The motion, therefore, was legally insufficient. Savage v. State, Fla.App.1963, 156 So.2d 566. See also Dias v. State, Fla.App., 158 So.2d 766, wherein the court said:
“The right to counsel under the decision in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), extends only to a person who is financially unable to employ counsel.”
Affirmed.
KANNER, Acting C. J., and ALLEN and WHITE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Elester S. Roberts v. State, 169 So. 2d 43 (Fla. 2d DCA 1964)…t allege any matters for which such relief could be granted. See and compare Stacey v. State, Fla.App. 1964, 165 So. 2d 222; Dias v. State, Fla.App. 1963, 158 So. 2d 766; Savage v. State, Fla.App.1963, 156 So. 2d 566; Auflick v. State, Fla.App.1963, 158 So. 2d 767; King v. State, Fla.App.1963, 157 So. 2d 440. Affirmed. SMITH, C. J., and SHANNON and WHITE, JJ., concur.…
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Duke v. State, 162 So. 2d 549 (Fla. 2d DCA 1964)…as insolvent and unable to employ counsel at the time he entered his plea. The motion therefore was legally insufficient. See Dias'v. State, Fla.App.1963, 158 So. 2d 766; Savage v. State, Fla.App.1963, 156 So. 2d 566; Auflick v. State, Fla.App.1963, 158 So. 2d 767, habeas corpus denied, Fla.1964, 159 So. 2d 646. We affirm the order denying the relief sought without prejudice to appellant’s right to file a subsequent motion in the trial court in accordance with the principle announced in Turner v. State, Fla.…
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Hoffman v. State, 163 So. 2d 797 (Fla. 2d DCA 1964)…was indigent and unable to employ counsel at the time he entered his plea. The motion therefore was legally insufficient. See Dias v. State, Fla.App.1963, 158 So. 2d 766; Savage v. State, Fla.App.1963, 156 So. 2d 566; Auflick v. State, Fla.App.1963, 158 So. 2d 767; Duke v. State, Fla.App.1964, 162 So. 2d 549. The order appealed is therefore affirmed without prejudice to appellant’s right to refile his motion in accordance with the rule announced in Turner v. State, Fla.App.1964, 161 So. 2d 11. Affirmed. SM…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963)
- Savage v. State, 156 So. 2d 566 (Fla. 1st DCA 1963)
- Dias v. State, 158 So. 2d 766 (Fla. 2d DCA 1963)