WILLIE EVERETT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This case reviews an order denying a motion to vacate a judgment and sentence. The appellate court affirmed the denial, holding that the rule allowing inquiry into counsel's competency does not apply to non-indigent defendants who chose their own counsel.
No, Criminal Procedure Rule No. 1 does not provide a basis for inquiring into the competency of counsel chosen by a non-indigent defendant, and it is not the function of the rule to try such competency.
“We are unaware of any constitutional basis upon which an inquiry could be made into the competency of counsel employed by non-indigent defendants convicted of crimes, nor do we understand that it is one of the functions of Rule 1 to try. the competency of such counsel.”
This quote establishes the court's reasoning for denying the motion, emphasizing the lack of a constitutional basis and the scope of the relevant rule.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Willie Everett, was convicted and sentenced in 1936. He later filed a motion to vacate the judgment and sentence, alleging he was witho…
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This appeal is from an order denying the appellant’s motion to vacate or set aside a judgment and sentence pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.
The appellant’s petition in the trial court alleged that he was “without proper counsel * * * at his trial * * The appellant was tried, convicted and sentenced in 1936.
We are unaware of any constitutional basis upon which an inquiry could be made into the competency of counsel employed by non-indigent defendants convicted of crimes, nor do we understand that it is one of the functions of Rule 1 to try. the competency of such counsel. The record before us demonstrates that the appellant was represented at every phase of his prosecution by counsel of his own choice, from arraignment to sentence. The order appealed is hereby affirmed.
Affirmed.
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Citator
Cited By (27 total)
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Simpson v. State, 164 So. 2d 224 (Fla. 3d DCA 1964)…e been entitled to some relief. It therefore follows that it is proper to raise, via Criminal Rule 1, the incompetency of court-appointed counsel. The rule is not in conflict with the recent decision of this court in Everett v. State, Fla.App.1964, 161 So. 2d 714. In Everett we held that an inquiry could not be made, via Rule 1, into the competency of counsel employed by a non-indigent, and that is the distinguishing point. Here the accused has no choice in the counsel who will represent him, and as a result…
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Cappetta v. Louie L. Wainwright, 203 So. 2d 609 (Fla. 1967)…d 477 (Fla.App.3rd 1965); Brooks v. State, 188 So. 2d 883 (Fla.App. 4th 1966); Sawyer v. State, 94 Fla. 60, 113 So. 736 (1927); Henderson v. State, 174 So. 2d 73 (Fla.App.3rd 1965). . State v. Barton, 194 So. 2d 241 (Fla.1967). . Everett v. State, 161 So. 2d 714 (Fla.App.3rd 1964). . See, King v. Wainwright, 368 F. 2d 57 (C.A.Fla.1966).…
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Clement Lemmon Edwards v. State, 393 So. 2d 597 (Fla. 3d DCA 1981)…tained counsel as a ground for collateral attack of his criminal conviction under Fla.R.Crim.P. 3.850. Douglas v. State, 373 So. 2d 895, 896 (Fla.1979); Cappetta v. Wainwright, 203 So. 609, 610 n.5 (Fla.1967), citing with approval, Everett v. State, 161 So. 2d 714 (Fla. 3d DCA 1964); State v. Garmise, 382 So. 2d 769, 772 (Fla. 3d DCA 1980); Farmer v. State, 366 So. 2d 1271 (Fla. 4th DCA), cert. denied, 378 So. 2d 344 (Fla.1979); O’Quinn v. State, 364 So. 2d 775 (Fla. 1st DCA 1978), cert. denied, 373 So. 2d 46…
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