HENRY MCCLENDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HENRY MCCLENDON, APPELLANT,
STATE OF FLORIDA, APPELLEE
164 So. 2d 28
Florida District Court of Appeal, First District (1964)
Positive Treatment
Cited by 15 cases
Opinion of the Court
Appellant’s motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, denied in an order here appealed, fails to allege facts constituting a claim for relief under the aforementioned Rule. Although it appears that the lower court’s order denying the motion was based in part on matters dehors the record, we must, because of the aforementioned insufficiency of the motion, affirm. Cf. Webster v. State, Fla.App.1963, 156 So.2d 890.
Affirmed.
SMITH, C. J., and ALLEN and ANDREWS, JJ., concur.
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Emory Harvey v. State, 383 So. 2d 770 (Fla. 3d DCA 1980)…134 (Fla.1970). The bare allegation of ineffective assistance of counsel without an allegation of prejudice to the defendant does not require an evidentiary hearing on a motion to vacate. State v. Barton, 194 So. 2d 241 (Fla.1967); Bell v. State, 164 So. 2d 28 (Fla.2d DCA 1964). Affirmed.…
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Hubbard v. State, 167 So. 2d 889 (Fla. 2d DCA 1964)…PER CURIAM. Affirmed. See Bell v. State, Fla.App. 1964, 164 So. 2d 28, and Simpson v. State, Fla.App. 1964, 164 So. 2d 224. SMITH, C. J., and SHANNON and WHITE, JT., concur.…
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Snow v. State, 171 So. 2d 557 (Fla. 3d DCA 1965)…, the order of the trial judge was proper because the ground that the petitioner was not given counsel at a preliminary hearing is not sufficient unless some prejudice is alleged by petitioner or suggested by the record. Bell v. State, Fla.App.1964, 164 So. 2d 28. In the present record it is shown that at trial and with advice, of counsel, petitioner changed his previous not guilty plea to a plea of guilty to a lesser included offense. It may reasonably be presumed that he did so with knowledge of the legal…
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- Webster v. State, 156 So. 2d 890 (Fla. 1st DCA 1963)