LIONEL STANLEY SARDINIA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1964-03-31
No. 63-754
Before BARKDULL, C. J., and CARROLL and HENDRY, JJ.
162 So. 2d 328 Florida District Court of Appeal, Third District (1964) Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM

PER CURIAM

This is an appeal from a denial of an application for relief pursuant to the provisions of Criminal Procedure Rule No. 1 F.S.A. ch. 924 Appendix. We affirm.

It appears, from the transcript of the trial proceedings, that the appellant had counsel at the time of the trials which resulted in the convictions involved here. Therefore, having had counsel at the time of his trials [even though he may have plead guilty] there is no merit to his contention that he was denied due process because counsel could have made appropriate motions to have the pleas of guilty set aside. See: § 909.13, Fla.Stat., F.S.A.; Jackman v. State, Fla.App.1964, 160 So.2d 554, and authorities cited therein.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Poss v. State, 169 So. 2d 845 (Fla. 3d DCA 1964)
    …PER CURIAM. Affirmed on the authority of Sardinia v. State, Fla.App. 1964, 162 So. 2d 328.…
  • Smith v. State, 168 So. 2d 585 (Fla. 3d DCA 1964)
    …nting him at the time of the trial had determined [*587] that appellant would be better served by a plea of not guilty, a motion to withdraw the plea of guilty could have been made.” We had held to the same effect in Sardinia v. State, Fla.App.1964, 162 So. 2d 328, decided March 31, 1964. Although' I participated in the Sardinia case, I am now of the opinion that when arraignment without defense counsel results in a guilty plea it thereby becomes a critical step in the trial proceedings because the guilty ple…
    1 / 2
  • Swarthout v. State, 165 So. 2d 773 (Fla. 3d DCA 1964)
    …effect of his act. This court will not interfere with the factual finding by the trial judge where there is ample support for it in the record, as here.2 Accordingly the judgment appealed is affirmed. Affirmed. . Sardinia v. State, Fla.App.1964, 162 So. 2d 328; Conley v. State, Fla.App.1964, 160 So. 2d 752. . Hicks v. State, Fla.App.1964, 165 So. 2d 204, (opinion filed June 10, 1964).…

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