JOSEPH E. DEVANNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSEPH E. DEVANNEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
165 So. 2d 265
Florida District Court of Appeal, Second District (1964)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The appellant seeks reversal of an order of the trial court denying his motion for post conviction relief filed under the provisions of Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.
The record before us does not affirmatively show that the appellant was represented by counsel or that he intelligently and understanding^ waived the right to counsel at the time of his arraignment and sentence during which he was allegedly indigent. See Phillips v. State, Fla.App. 1964, 164 So.2d 858, Second District.
The order appealed is accordingly reversed and the cause remanded for further appropriate proceedings.
Reversed and remanded.
WHITE, Acting C. J., and ANDREWS and KANNER (Ret.), JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carver v. State, 171 So. 2d 898 (Fla. 2d DCA 1965)…ether the right to counsel was knowingly and intelligently waived. This was a critical deficiency. Johnson v. Zerbst, 1938, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461; Phillips v. State, Fla.App.1964, 164 So. 2d 858; Devanney v. State, Fla.App.1964, 165 So. 2d 265. In these circumstances prejudice is presumed to have resulted on the plea of guilty without benefit of counsel. Dortch v. State, Fla.App.1964, 165 So. 2d 409, 411; Sams v. State, Fla.App.1964, 163 So. 2d 10; King v. State, Fla.App.1963, 157 So. 2d…
Authorities Cited
- Phillips v. State, 164 So. 2d 858 (Fla. 2d DCA 1964)