EDDIE MILES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Eddie Miles appealed the denial of his motion for post-conviction relief in a rape case, arguing his conviction should be vacated due to illegal arrest, ineffective counsel, and lack of parental notification at trial. The appellate court affirmed the trial court's denial, finding that parents were in fact notified and present at trial.
The court affirmed the denial of the motion for relief, finding that the appellant failed to establish entitlement to relief by not alleging he was an unmarried minor, and that in any event, the evidence demonstrated the parents were notified of and present at the trial proceedings.
“Appellant's motion sought to vacate and set aside his conviction and sentence in a rape case. In essence, the more salient allegations in the motion state that appellant was illegally arrested, incompetently represented by counsel, and tried in an adult court without proper notice of the proceedings having been given to his parents.”
Establishes the three grounds for the appellant's post-conviction relief motion
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Join FLexlaw to unlock all legal intelligenceAppellant Miles, a minor at the time of trial, filed a motion under Criminal Procedure Rule No. 1 seeking to vacate his rape conviction and sentence. …
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Appellant seeks reversal of an order denying his motion for relief brought pursuant to Criminal Procedure Rule No. 1, F.S.A. Ch. 924 Appendix. Appellant’s motion sought to vacate and set aside his conviction and sentence in a rape case.
*577In essence, the more salient allegations in the motion state that appellant was illegally arrested, incompetently represented by counsel, and tried in an adult court without proper notice of the proceedings having been given to his parents.
First, with regard to the allegations concerning illegal arrest and incompetency of counsel, we find them devoid of merit and, therefore, consider them no further.
Appellant’s last contention is that at time of his trial he was a minor and his parents were not notified of his trial. Appellant failed to make a prima facie showing that he was entitled to relief on that ground as he did not allege that he was an unmarried minor.1 However, since the trial court heard the motion on the merits we shall consider it accordingly.2
At the hearing below counsel for appellant conceded that:
“If the parents were notified or if the State did, in fact, send a letter * * * then he (appellant) is not entitled to one (a new trial).”
The state then introduced into evidence an exhibit consisting of a copy of a letter alleged to have been sent to appellant’s parents. The letter was sent to Mr. and Mrs. Eddie Miles, 2913 N. W. 45th Street, Miami, Florida. A return receipting for the letter at the above address purportedly signed by one John Miles, the alleged brother of the appellant, was made a part of the exhibit. The defendant’s counsel offered no objections to the exhibit nor did he offer anything in support of defendant’s allegation. Thereafter the trial judge announced that he recalled that during the proceedings in the trial below:
“There were hearings and their parents (appellant’s and another defendant’s parents) were in the courtroom; I made inquiry of their parents regarding the question of whether or not they were indigents within the law, feeling because they were minors that I had to have their parents’ knowledge of what was going on.” 3
Apparently based on all the above, the trial court found that:
“The matter set forth in the petition of the defendant is false, untrue and without merit.”
and accordingly, denied the petition.
No reversible error saving been made to appear, the order appealed is hereby affirmed.
Affirmed.
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Crusoe v. State, 183 So. 2d 600 (Fla. 2d DCA 1966)…ow 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 appealed from 3 is Affirmed. ALLEN, C. J., and LI…
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Whitlow v. State, 256 So. 2d 48 (Fla. 2d DCA 1971)…law is established that a motion to vacate the judgment of conviction under CrPR 1.850 cannot be based upon contentions involving the propriety of admission of evidence. Robinson v. State, Fla.App. 1967, 194 So. 2d 29; Miles v. State, Fla. App.1965, 174 So. 2d 576; Childs v. State, Fla.App. 1966, 190 So. 2d 605; Coleman v. State, Fla.App. 1967, 193 So. 2d 699. Furthermore, the plea of guilty, which in effect waived trial on the merits, precludes at this time an attack on the validity of any search or seizure…
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Ziegler v. State, 180 So. 2d 477 (Fla. 3d DCA 1965)…reversed and remanded for proceedings consistent with this opinion. Reversed and remanded. . Austin v. State, Fla.App.1964, 160 So. 2d 730 and eases cited therein. . Coyner v. State, Fla.App.1965, 177 So. 2d 715. . Miles v. State, Fla.App.1965, 174 So. 2d 576.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Champion v. Cochran, 128 So. 2d 386 (Fla. 1961)
- Bawsey Blocker v. State, 90 Fla. 136 (Fla. 1925)
- Penley v. Cochran, 131 So. 2d 721 (Fla. 1961)