CHARLES ELI WILCOX, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The trial court correctly denied the petition for relief filed pursuant to Criminal Procedure Rule No. 1.
Appellant was arrested, accused of narcotics possession, and evidence was seized from an apartment. He was charged under the Florida Uniform Narcotics…
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The appellant who was petitioner in the trial court appeals an order of the Criminal Court of Record in and for Dade County which denied his petition for relief filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.
The pertinent allegations of fact contained in the appellant’s motion were as follows: (1) That the appellant was forced into the apartment of William Brockington against his will by the arresting officer; (2) The police officer erroneously accused the appellant of having possession of narcotics ; (3) William Brockington made a sworn statement that all evidence seized on his premises were his own personal property; (4) at the time the appellant was ordered into the apartment, the premises were already under search and seizure pursuant to a warrant; (5) he was denied a preliminary hearing.
The record reveals that an information was filed charging appellant with a violation of the Florida Uniform Narcotics Act, F.S.A. § 398.01 et seq. He was represented by counsel at the arraignment and plead not guilty. He was represented by counsel at trial and found guilty. There is no basis in the petition or in the record for a conclusion that the failure to conduct *428a preliminary hearing deprived the appellant of the substance of a fair trial. Baugus v. State, Fla.1962, 141 So.2d 264.
It is apparent that the appellant has attempted to re-argue in his petition the evidence upon which his conviction was based. In effect, 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.
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Crusoe v. State, 183 So. 2d 600 (Fla. 2d DCA 1966)…adverse rulings or verdict, but which cannot be raised on collateral attack by a motion under Criminal Procedure Rule No. 1. Harper v. State, Fla.App.1964, 168 So. 2d 325; Piehl v. State, Fla.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…
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Parks v. State, 256 So. 2d 40 (Fla. 3d DCA 1971)…ove for a severance. We hold that appellant’s petition fails to raise an issue which is properly to be considered upon a petition pursuant to CrPR 3.850. The proceedings provided in CrPR 3.850 are not a second appeal. Wilcox v. State, Fla.App.1965, 171 So. 2d 427; Mitchell v. State, Fla.App.1964, 167 So. 2d 27; Marti v. State, Fla.App.1964, 163 So. 2d 506. Appellant has been afforded a full review of his trial and a petition which does not set forth facts impairing the fundamental fairness of the trial or th…
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Harvey v. State, 204 So. 2d 355 (Fla. 2d DCA 1967)…pp.1965, 179 So. 2d 369; Shea v. State, Fla.App.1964, 167 So. 2d 767; Dozier v. State, Fla.App.1966, 192 So. 2d 506; Whitaker v. State, Fla.App.1964, 160 So. 2d 125; Chayter v. State, Fla.App.1965, 176 So. 2d 382; and Wilcox v. State, Fla.App. 1965, 171 So. 2d 427. ALLEN, Acting C. J., and PIERCE and HOBSON, JJ., concur.…
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
- Baugus v. State, 141 So. 2d 264 (Fla. 1962)
- Napoleon C. Mitchell v. State, 167 So. 2d 27 (Fla. 2d DCA 1964)