ELLIS HOWARD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1964-05-26
No. 63-802
Before BARKDULL, C. J., and CARROLL and TILLMAN PEARSON, JJ.
164 So. 2d 229 Florida District Court of Appeal, Third District (1964) Caution
Cited by 13 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court denied appellant’s petition for relief under Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix. The order is affirmed upon authority of the rule stated in Simpson v. State, Fla.App.1964, 193 So.2d 224, [opinion filed May 19, 1964]. Appellant’s lack of counsel at the preliminary hearing did not constitute a critical stage in this case. Blake v. State, Fla.App. 1964, 163 So.2d 20, [opinion filed March 31, 1964]. See also Harris v. State, Fla.1964, 162 So.2d 262, [opinion filed March 25, 1964].

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By (13 total)

  • Fowler v. State, 255 So. 2d 513 (Fla. 1971)
    …defendant insane, and defense counsel requests a hearing, it is error not to provide such a hearing. However, our finding in this regard does not require vacation of the judgment and sentence entered against defendant at this time. Knight v. State, 164 So. 2d 229 (Fla.App.3rd, 1964); United States v. Walker, 301 F. 2d 211 (6 Cir. 1962). Instead, the cause is temporarily remanded to the Circuit Court of Pinellas County with directions that the claim of insanity at the time of trial be determined in a full hea…
  • MacHin v. State, 267 So. 3d 1098 (Fla. 4th DCA 2019)
  • Moulton v. State, 230 So. 3d 934 (Fla. 2d DCA 2017)
    …2d 513, 515 (Fla. 1971)). In Fowler, the supreme court explained: However, our finding [that the trial court’s procedure was inadequate] does not require vacation of the judgment and sentence entered against defendant at this time. Knight v. State, 164 So. 2d 229 (Fla. [3d DCA] 1964); United States v. Walker, 301 F. 2d 211 (6[th] Cir. 1962). Instead, the cause is temporarily remanded to the Circuit Court of Pinellas County with directions that the claim of insanity at the time of trial be determined in a ful…

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