ROBERT MATHIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case reviews a denial of post-conviction relief where the appellant argued he was denied counsel at a preliminary hearing. The court affirmed the denial, finding that the preliminary hearing was not a critical stage and the appellant was competently represented by counsel at all critical stages of the proceedings.
No, the appellant was not denied his constitutional rights because the preliminary hearing was not a critical stage of the proceedings, and he was competently represented by counsel at all critical stages.
“At the preliminary hearing the court inquired whether or not the defendant had an attorney and, after learning that he had none, inquiry was directed to defendant's financial ability. The court concluded that the defendant was indigent and announced that counsel would be appointed to represent the defendant throughout the proceedings.”
Describes the initial proceedings and appointment of counsel.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRobert Mathis was indicted for rape and, being indigent, had counsel appointed. He was represented by this counsel at arraignment, where he pleaded no…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Petition For Post Conviction Relief cases and more on FLexlaw
Robert Mathis appeals an order denying his petition for post conviction relief pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The petitioner was indicted for rape of a ten year old girl. At the preliminary hearing the court inquired whether or not the defendant had an attorney and, after learning that he had none, inquiry was directed to defendant’s financial ability. The court concluded that the defendant was indigent and announced that counsel would be appointed to represent the defendant throughout the proceedings. At the arraignment the defendant announced that he was satisfied with his appointed counsel and entered his plea of not guilty.
Subsequently the defendant conferred with his counsel and pleaded guilty to the lesser included offense of assault with intent to commit rape. On appeal he contends that his rights were violated because he was not afforded counsel at his preliminary hearing, but it was not shown that the preliminary hearing was a critical stage of the proceedings. See Fauls v. State, Fla. App.1964, 164 So.2d 35; Abbott v. State, Fla.App.1964, 164 So.2d 243. The record conclusively shows that the defendant was, in fact, competently represented by counsel at all critical stages of the proceeding with the full understanding and approval of the defendant.
Affirmed.
ALLEN and ANDREWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cameron v. State, 196 So. 2d 182 (Fla. 2d DCA 1967)…reliminary hearing is, in and of itself, insufficient to render the accused’s judgment and sentence vulnerable to collateral attack under Criminal Procedure Rule One. Montgomery v. State, Fla.1965, 176 So. 2d 331; and Mathis v. State, Fla.App. 1964, 168 So. 2d 77. There is no showing that the preliminary hearing was a critical stage of the proceedings against appellant, or that any prejudicial error occurred at the preliminary hearing. Thus the fact that appellant was without counsel at the hearing was not e…
-
Mathis v. State, 172 So. 2d 596 (Fla. 1965)…Appeal dismissed without opinion. 168 So. 2d 77.…
Authorities Cited
- Loyd Abbott v. State, 164 So. 2d 243 (Fla. 2d DCA 1964)
- Adams v. State, 164 So. 2d 35 (Fla. 2d DCA 1964)