HARVEY H. FLEMMING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the denial of a motion for post-conviction relief without a hearing was improper when the record did not conclusively show an intelligent waiver of counsel.
The appellant sought post-conviction relief, arguing he did not intelligently waive his right to counsel. The trial court denied the motion without a …
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The appellant, Harvey H. Flemming, appeals from a denial of his motion for post conviction relief filed under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The question presented is whether the defendant intelligently waived his right to counsel.
The record states that: “ * * * he being asked if he fully understood the charge and was asked if he desired to consult an attorney before entering a plea and the defendant stated that he did not desire counsel and that he was guilty of the charge * * On the basis of this statement the trial court denied the motion without a hearing.
This point was recently discussed in this court in Dixon v. State, decided on May 6, 1964, and is reported in 163 So.2d 771. We are aware of Dykes v. State, Fla.App. 1964, 162 So.2d 675; Hale v. State, Fla.App.1964, 162 So.2d S; and Mankus v. State, Fla.App.1964, 161 So.2d 547.
This question has been much discussed In .this court and we are of the opinion that it requires a plenary hearing. See Phillips v. State, 164 So.2d 858, decided by this court on May 29,1964.
Reversed.
SMITH, C. J., and SHANNON and ANDREWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dykes v. State, 162 So. 2d 675 (Fla. 1st DCA 1964)
- Ellis Dixon v. State, 163 So. 2d 771 (Fla. 2d DCA 1964)
- Phillips v. State, 164 So. 2d 858 (Fla. 2d DCA 1964)
- Fulenwider v. Brantley D. Thomas, 161 So. 2d 547 (Fla. 2d DCA 1964)
- Mankus v. State, 161 So. 2d 547 (Fla. 1st DCA 1964)