NAPOLEON C. MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
NAPOLEON C. MITCHELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
167 So. 2d 27
Florida District Court of Appeal, Second District (1964)
Positive Treatment
Cited by 14 cases
Opinion of the Court
By motion pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix filed in the lower court and by appeal from denial of that motion, appellant seeks relief upon grounds which indicate an attempt to employ Rule No. 1 as a substitute for timely appeal. The decisions in this State and analogous Federal authority are, with a single exception, not here significant, unanimous in denying relief under these circumstances. Criminal Procedure Rule No. 1 is not a substitute for appeal. Austin v. State, Fla.App.1964, 160 So.2d 730.
Affirmed.
SMITH, C. J., and ALLEN and ANDREWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Crusoe v. State, 183 So. 2d 600 (Fla. 2d DCA 1966)…la.App.1965, 173 So. 2d 723; Wilcox v. State, Fla.App.1965, 171 So. 2d 427; Taylor v. State, Fla.App.1965, 171 So. 2d 402; Mason v. State, Fla.App.1964, 167 So. 2d 618; Harris v. State, Fla.App.1964, 167 So. 2d 312; Mitchell v. State, Fla.App. 1964, 167 So. 2d 27. As to that quoted portion of the motion dealing with Court proceedings on June 5, 1964, such allegations either have no factual basis or are refuted by the certified record here. The record shows that all four in-formations were filed on May 26,…
-
Efrain T. Suarez v. State, 220 So. 2d 442 (Fla. 3d DCA 1969)…a police officer to make a forceable entry.3 Another reason we affirm the order appealed from is that a petition under Rule 1.850, Florida Rules of Criminal Procedure, may not be used as a substitute for an appeal. Mitchell v. State, Fla.App. 1964, 167 So. 2d 27. And a careful examination of the record and the briefs leads us to conclude that the appellant believes our holding in the Rodriguez opinion (that the entry and the search and seizure were lawful) was erroneous and that he is attempting by means of…
-
Wilcox v. State, 171 So. 2d 427 (Fla. 3d DCA 1965)…the appellant is attempting to use the petition as a substitute for, or as a second appeal. This is not the office of a Criminal Procedure Rule 1 petition. Accordingly, the trial court correctly denied the petition. Mitchell v. State, Fla.App. 1964, 167 So. 2d 27. Affirmed.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Austin v. State, 160 So. 2d 730 (Fla. 2d DCA 1964)