JOHN HENRY BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1964-09-30
No. 4912
SMITH, C. J., and SHANNON and ANDREWS, JJ., concur.
168 So. 2d 336 Florida District Court of Appeal, Second District (1964) Positive Treatment
Cited by 4 cases

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Synopsis

The appellate court affirmed the denial of a post-conviction relief petition, finding no basis to disturb the jury's verdict or the sentence imposed.


Holding

No, the trial court did not err in denying the petition for post-conviction relief.


Key Quotes

“The defendant John Henry Bell was found guilty by a jury of robbery, and was sentenced to life imprisonment in the state penitentiary.”

Establishes the original conviction and sentence.

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Facts & Procedural History

John Henry Bell was convicted by a jury of robbery and sentenced to life imprisonment. He was represented by counsel at trial and did not appeal the c…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This matter is before the court on appeal from an order denying relief pursuant to-petition filed under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Transcript of record of the trial is included in the record before this court.

*337The defendant John Henry Bell was found guilty by a jury of robbery, and was sentenced to life imprisonment in the state penitentiary. He was represented by counsel at the trial. He did not appeal. The motion is directed to the insufficiency of the evidence to sustain the conviction and sentence and alleged false swearing of certain witnesses.

The appellant’s motion reveals no basis upon which the trial judge should have granted relief. His action in declining to do so was proper. Austin v. State, Fla.App.1964, 160 So.2d 730.

Affirmed.

SMITH, C. J., and SHANNON and ANDREWS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Ellis Taylor, Jr. v. State, 171 So. 2d 402 (Fla. 2d DCA 1965)
    …itness and the wife of the Public Defender were cousins. The sufficiency of evidence cannot properly be raised under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix; Austin v. State, Fla.App.1964, 160 So. 2d 730; Bell v. State, Fla.App.1964, 168 So. 2d 336. Allegation of naked conclusion that prisoner was denied fair trial by failure of court-appointed counsel to represent him competently, without allegations of fact sufficient to show that appointed counsel was so incompetent as to render trial a moc…
  • Bell v. State, 188 So. 2d 565 (Fla. 3d DCA 1966)
  • Smith v. State, 192 So. 2d 41 (Fla. 2d DCA 1966)
    …ppellate Courts of Florida. The contention as to self defense goes to the proofs and the merits of the case, which matters cannot ordinarily be raised by collateral attack. Taylor v. State, Fla.App.1965, 171 So. 2d 402; Bell v. State, Fla.App.1964, 168 So. 2d 336. See also Crusoe v. State, Fla.App.1966, 183 So. 2d 600, text 603, and cases therein cited. The allegation that he was “tricked” into changing his plea from not guilty to guilty by both his own counsel and the State Attorney is conclusively refuted…

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