JAMES RANKIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1964-10-29
No. F-470
CARROLL, DONALD K., Acting C. J., and WIGGINTON and RAWLS, JJ., concur.
168 So. 2d 324 Florida District Court of Appeal, First District (1964) Positive Treatment
Cited by 14 cases

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Synopsis

Rankin appealed the denial of his second motion for post-conviction relief under Criminal Procedure Rule No. 1, seeking to vacate his guilty plea and 15-year sentence for robbery. The court affirmed the trial court's order denying the motion on the ground that he had already withdrawn a substantially identical motion and was not entitled to file successive motions for similar relief.


Holding

The trial court properly denied the second successive motion for relief because Criminal Procedure Rule No. 1 expressly provides that the sentencing court need not entertain successive motions for similar relief on behalf of the same prisoner, and Rankin failed to demonstrate that the trial court abused its discretion or violated essential requirements of law.


Key Quotes

“The sentencing' court shall not he required to entertain a second or successive motion for similar relief on behalf of the same prisoner.”

The express language of Criminal Procedure Rule No. 1 that provides the legal basis for denying successive motions for relief.

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Facts & Procedural History

In 1956, Rankin pleaded guilty to robbery and was sentenced to 15 years imprisonment. On June 25, 1963, he filed a motion to vacate his conviction and…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is from a final order denying appellant’s motion for relief filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.

From the record it appears that in 19S6 appellant was informed against by the State Attorney of Bay County for the offense of robbery, to which appellant plead guilty and was sentenced to a fifteen-year term of imprisonment in the state prison.

On June 25, 1963, appellant filed in the Circuit Court of Bay County a motion for relief under Criminal Procedure Rule No. 1 to vacate and set aside his judgment of conviction and sentence imposed pursuant thereto. The grounds alleged in support of his motion were that at the time he was tried and sentenced, he was indigent and without funds to obtain counsel for his defense ; that he did not have counsel to represent him at that time; that he did not know of his right to counsel and at no time did he waive his right to the appointment of counsel to represent him. The trial court set a hearing date on appellant’s motion, and ordered that he be brought before the court at the time of the hearing so that he might personally assist in the presentation of his motion. On the date set for the hearing appellant was personally present before the court and represented by the Public Defender of the Fourteenth Judicial Circuit. At the hearing appellant requested permission of the court to withdraw his motion to vacate and set aside the judgment and sentence he is now serving, and announced that he desired to abandon any further claim for relief under Criminal Procedure Rule No. 1. Upon consideration of this request the court entered an order dismissing the motion for relief.

On February 21, 1964, appellant filed a second motion for relief under Criminal Procedure Rule No. 1, praying that the judgment and sentence he is now serving be vacated and set aside. Although this motion is in a more elaborate form than was the first one filed by him, it is based upon the identical grounds as were contained in the first motion which he had previously withdrawn. Upon consideration of appellant’s second motion for relief, the trial court entered an order denying it upon the finding that appellant has had his day in court for any relief to which he may be entitled under Criminal Procedure Rule No. 1, and on the ground that the sentencing court is not required to entertain a second or sue-*325cessive motion for relief on behalf of the same prisoner. It is from this order that the appeal is taken.

Criminal Procedure Rule No. 1 pursuant to which appellant has proceeded provides that: “The sentencing' court shall not he required to entertain a second or successive motion for similar relief on behalf of the same prisoner.” Appellant has failed to demonstrate from the record before us that the trial court abused its discretion, or otherwise violated essential requirements of law, in denying his second and successive motion for relief filed pursuant to Criminal Procedure Rule No. 1. The order appealed is accordingly affirmed.

CARROLL, DONALD K., Acting C. J., and WIGGINTON and RAWLS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Carpenter v. State, 176 So. 2d 610 (Fla. 3d DCA 1965)
    …legations as those contained in the two previous petitions. We find no error in the trial judge’s denial of this last petition and, therefore, we affirm his action. See: Manning v. State, Fla.App.1964, 167 So. 2d 616; Rankin v. State, Fla.App. 1964, 168 So. 2d 324. Affirmed.…
  • Hall v. State, 183 So. 2d 277 (Fla. 3d DCA 1966)
    …lateral attack; or (3) not supported by the evidence and testimony adduced at the petitioner’s hearing on his Criminal Procedure Rule No. 1 motion. [*278] We affirm. See: Manning v. State, Fla.App.1964, 167 So. 2d 616; Rankin v. State, Fla.App.1964, 168 So. 2d 324; Thompson v. State, Fla.App.1965, 176 So. 2d 564; Harris v. State, Fla.App.1965, 177 So. 2d 543; Coyner v. State, Fla.App.1965, 177 So. 2d 715. Affirmed.…
  • Thompson v. State, 187 So. 2d 363 (Fla. 3d DCA 1966)
    …, to wit: he was coerced into changing his plea. We have examined the record and briefs in support of the respective parties, and find no error in the action of the trial judge in light of the principles announced in: Rankin v. State, Fla.App. 1964, 168 So. 2d 324; Hunt v. State, Fla.App.1966, 183 So. 2d 858; Taylor v. State, Fla.App.1966, 183 So. 2d 865; Whitney v. State, Fla.App. 1966, 184 So. 2d 207. Therefore, the order here under review is (hereby affirmed. Affirmed.…

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