ELMER M. DUKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ELMER M. DUKE, APPELLANT,
STATE OF FLORIDA, APPELLEE
162 So. 2d 549
Florida District Court of Appeal, Second District (1964)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Appellant, seeking post conviction relief under Criminal Procedure Rule No. 1, F.S. A. ch. 924 Appendix, failed to allege that he was 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.App. 1964, 161 So.2d 11.
Affirmed.
SMITH, C. J., and SHANNON and WHITE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hoffman v. State, 163 So. 2d 797 (Fla. 2d DCA 1964)…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. SMITH, C. J., and SHANNON and WHITE, JJ., concu…
Authorities Cited
- Savage v. State, 156 So. 2d 566 (Fla. 1st DCA 1963)
- Dias v. State, 158 So. 2d 766 (Fla. 2d DCA 1963)
- Bell v. State, 161 So. 2d 11 (Fla. 1st DCA 1964)
- Auflick v. State, 158 So. 2d 767 (Fla. 2d DCA 1963)
- Auflick v. State, 159 So. 2d 646 (Fla. 1964)
- Young v. State, 159 So. 2d 646 (Fla. 1964)