LEROY JACKSON BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case concerns whether the denial of a preliminary hearing without counsel constitutes grounds for collateral attack on a conviction. The court held that it does not, as a preliminary hearing is not a critical stage in Florida criminal proceedings.
No, the denial of a preliminary hearing without counsel, absent any showing of prejudice or use of the hearing's proceedings in subsequent stages, does not render a judgment and sentence vulnerable to collateral attack.
“The only allegations of fact in the motion are that the prisoner was brought before a committing magistrate for a preliminary examination of the charge against him at a time when he was insolvent and not represented by counsel.”
Describes the factual basis of the appellant's motion for relief.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant, Leroy Jackson Bell, was convicted and sentenced while represented by court-appointed counsel. He filed a motion for relief alleging he …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Criminal Procedure Rule No. 1 cases and more on FLexlaw
The appellant was arraigned, entered a plea of not guilty, tried, convicted and sentenced while represented by court-appointed counsel. His motion for relief pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, was denied without a hearing. The only allegations of fact in the motion are that the prisoner was brought before a committing magistrate for a preliminary examination of the charge against him at a time when he was insolvent and not represented by counsel. The motion did not allege any facts showing any prejudice resulting from his lack of counsel at the hearing before the magistrate, and it did not allege that anything which occurred at that hearing was used at any of the subsequent proceedings. The court correctly denied the motion without a hearing. The fact that the prisoner was not represented at the preliminary hearing is insufficient to render the judgment and sentence vulnerable to collateral attack by Criminal Procedure Rule No. 1. In Florida a preliminary hearing is not a critical stage of a criminal proceeding. Di Bona v. State, Fla.App.1960, 121 So.2d 192.
Affirmed.
SMITH, C. J., and ALLEN and ANDREWS, JJ., concur.