DAVID ALEXANDER CLARK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the denial of the petition for post-conviction relief was proper because the appellant failed to show prejudice from the lack of a preliminary hearing and his claim of incompetent counsel was without merit.
Appellant sought post-conviction relief alleging ineffective counsel at a preliminary hearing and trial. The record indicated he was indicted, arraign…
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Appellant seeks review of an order denying without formal hearing his petition for post conviction relief brought pursuant to Criminal Procedure Rule 1, F.S.A. Ch. 924 Appendix.
The basic allegations contained in appellant’s motion are that:
(1) Appellant did not have the proper aid of counsel at his preliminary hearing;
(2) That he was denied a fair trial as his court appointed counsel did not represent him competently.
Our review of the record discloses the following events to have transpired. On October 21, 1958 appellant was indicted for rape. On October 23, 1958, he was arraigned and plead not guilty. Subsequent thereto the trial court appointed counsel, who, after investigating the case appeared with appellant at all future proceedings. At trial, appellant voluntarily withdrew his plea of not guilty and entered a plea of guilty. He was then adjudicated guilty and sentenced to life imprisonment.
Although appellant has alleged deprivation of counsel at preliminary hearing, the record does not show a preliminary hearing was held. The failure to hold a preliminary hearing has been held not to constitute denial of due process in the absence of a showing of prejudice resulting from such failure.1 This is especially true where a defendant pleads not guilty at arraignment.2
Appellant’s contention that he was represented incompetently by counsel is without merit.3
Accordingly, the order appealed is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Crusoe v. State, 183 So. 2d 600 (Fla. 2d DCA 1966)…s 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 LILES, J., concur. . This has been officially n…
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Farrington v. State, 183 So. 2d 681 (Fla. 1966)…, Ch. 924 Appendix, and was denied relief by the lower court. , Petitioner then appealed to the District Court of Appeal, Third District, which, by per curiam order, 174 So. 2d 774, affirmed the Circuit Court merely citing Clark v. State, Fla.App., 174 So. 2d 773. The Clark case involved a man indicted at the same time and charged with the same crime as petitioner. Both Clark and this petitioner sought relief under Rule I and were represented by the same attorney at the same time of hearing before the court…
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Smith v. State, 192 So. 2d 41 (Fla. 2d DCA 1966)…s “misrepresented” and “misled” by his counsel is nothing more than a bare conclusion and is fatally insufficient in the absence of a factual basis therefor duly alleged. Gillyard v. State, Fla.App.1965, 175 So. 2d 798; Clark v. State, Fla.App.1965, 174 So. 2d 773; Crusoe v. State, supra. The order of the Court below appealed from is thereupon— Affirmed. ALLEN, C. J., and HOBSON, J., concur.…
Previewing 3 of 5 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)
- Wooten v. State, 163 So. 2d 305 (Fla. 3d DCA 1964)
- Douzier Shannon v. State, 172 So. 2d 479 (Fla. 3d DCA 1965)
- Carroll v. State, 172 So. 2d 266 (Fla. 2d DCA 1965)