BOBBY MARION FRANCIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1964-11-10
No. 64-168
Before HORTON, TILLMAN PEARSON and HENDRY, JJ.
168 So. 2d 684 Florida District Court of Appeal, Third District (1964) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant suffered an order denying his petition for relief under Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix and appeals to this Court. The petition presented two grounds for relief; (1) No preliminary hearing was held prior to his trial; (2) His privately employed counsel did not competently represent him.

The trial judge correctly denied the petition. The failure to hold a preliminary hearing is not of itself enough to show lack of due process. Wooten v. State, Fla. App.1964, 163 So.2d 305. Furthermore, the mere allegation that defendant’s counsel did not competently represent him is not sufficient for relief under the rule. Wooten v. State, supra; Wilder v. State, Fla.App.1963, 156 So.2d 395.

Affirmed.

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Cited By

  • Crusoe v. State, 183 So. 2d 600 (Fla. 2d DCA 1966)
    …964, 165 So. 2d 197. The motion must fairly show in what way and in what respects counsel was incompetent or of substandard level; and any alleged conclusion is insufficient in the absence of a factual basis therefor. Francis v. State, Fla.App.1964, 168 So. 2d 684; Miles v. State, Fla.App.1965, 174 So. 2d 576; Clark v. State, Fla.App.1965, 174 So. 2d 773; Gillyard v. State, Fla.App.1965, 175 So. 2d 798. Here the motion was completely devoid of factual support for any allusion to inefficiency. The order appea…
  • Dancy v. State, 175 So. 2d 208 (Fla. 3d DCA 1965)
    …ate facts, not conclusions, and demonstrate the invalidity of the judgment, sentence or detention. In absence of these supporting factual allegations, the courts have consistently denied the validity of the petitions. Francis v. State, Fla.App.1964, 168 So. 2d 684; Sam v. State, Fla.App.1964, 167 So. 2d 258; Wooten v. State, Fla.App. 1964, 163 So. 2d 305; Webster v. State, Fla. App.1963, 156 So. 2d 890. We are of the opinion that the decision of the trial court is correct, and that no error was committed in…
  • Porter v. State, 196 So. 2d 455 (Fla. 2d DCA 1967)
    …PER CURIAM. Affirmed under the authority of Rash v. State, Fla.App.1964, 162 So. 2d 311; Smith v. State, Fla.App.1964, 168 So. 2d 585; Coleman v. State, Fla.App. 1965, 172 So. 2d 854; Francis v. State, Fla.App.1964, 168 So. 2d 684, and Dancy v. State, Fla.App. 1965, 175 So. 2d 208. ALLEN, C. J., and SHANNON and PIERCE, JJ., concur.…

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