FRANKLIN EUGENE ADAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1964-04-22
No. 4220
SMITH, C. J., and SHANNON and ANDREWS, JJ., concur.
164 So. 2d 35 Florida District Court of Appeal, Second District (1964) Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is from an order denying application for relief pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The order was predicated, inter alia, on the ground of insufficient allegations in the motion to vacate, and must be affirmed on the basis of Dias v. State, Fla. App.1963, 158 So.2d 766. However, there being possible merit in defendant’s plea for relief, we affirm without prejudice to subsequent proceedings on proper motion pursuant to Criminal Procedure Rule No. 1.

Affirmed.

SMITH, C. J., and SHANNON and ANDREWS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Gobie v. State, 188 So. 2d 33 (Fla. 3d DCA 1966)
    …on two of the in-formations, as no prejudice was shown to have resulted therefrom. Snow v. State, Fla.App.1965, 171 So. 2d 557; Sam v. State, Fla.App.1964, 167 So. 2d 258; Abbott v. State, Fla.App.1964, 164 So. 2d 243; Fauls v. State, Fla.App.1964, 164 So. 2d 35; Bell v. State, Fla.App.1964, 164 So. 2d 28; Webster v. State, Fla.App.1963, 156 So. 2d 890. When so arraigned the defendant pleaded not guilty. Later, with the benefit of advice of employed counsel, defendant’s pleas of not guilty were changed to n…
  • Lassiter v. State, 166 So. 2d 159 (Fla. 1st DCA 1964)
    …te, 141 So. 2d 264 (Fla.1962), cert. den. 371 U.S. 879, 83 S.Ct. 153, 9 L.Ed.2d 117 (1962); Blake v. State, 163 So. 2d 20 (Fla.App.1964); Marti v. State, 163 So. 2d 506 (Fla.App.1964); Bell v. State, 164 So. 2d 28 (Fla.App.1964), and Fauls v. State, 164 So. 2d 35 (Fla.App.1964). On the other hand, the second principal ground stated by the appellant in his motion seems to be fully supported by both law and justice. In fact, the State in its brief filed in this appeal, with commendable candor and forthrightne…
  • Geather v. State, 165 So. 2d 229 (Fla. 2d DCA 1964)
    …t affirm on the basis of insufficiencies in the motion cited by the lower court, certain other findings of the lower court, and the inadequacy of the record-on-appeal to refute these presumptively correct findings. See Fauls v. State, Fla.App. 1964, 164 So. 2d 35. Affirmed. SMITH, C. J., and ALLEN and ANDREWS, JJ., concur.…

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