JOHN B. VAUGHN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court correctly denied the motion to vacate.
Petitioner, represented by counsel, appealed the summary denial of his motion to vacate. The motion alleged inadequate legal representation and that t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion To Vacate cases and more on FLexlaw
This is an appeal of a summary denial of a motion to vacate brought pursuant to Criminal Procedure Rule No. 1, F.S.A., ch. 924 Appendix.
The more salient allegations of the motion are:
1. That petitioner did not have adequate legal representation, and
2. That the trial court did not make inquiry as to his guilty plea.
The record discloses that petitioner was represented by privately retained counsel through his arraignment. Thereafter, he was represented by the public defender’s office at all critical stages of the proceedings.
The trial judge correctly determined that the contention with regard to alleged incompetent representation was insufficient to necessitate a hearing. See Sam v. State, Fla.App.1964, 167 So.2d 258; Simpson v. State, Fla.App.1964, 164 So.2d 224; Wooten v. State, Fla.App.1964, 163 So.2d 305.
Petitioner’s remaining contention is-likewise without merit. See Conley v. State, Fla.App.1964, 160 So.2d 752.
No error appearing the order appealed is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bell v. State, 179 So. 2d 377 (Fla. 3d DCA 1965)…PER CURIAM. Affirmed on the authority of Conley v. State, Fla.App.1964, 160 So. 2d 752; Thompson v. State, Fla.App.1965, 176 So. 2d 564; Vaughn v. State, Fla.App.1965, 177 So. 2d 505.…
Authorities Cited
- Simpson v. State, 164 So. 2d 224 (Fla. 3d DCA 1964)
- Wooten v. State, 163 So. 2d 305 (Fla. 3d DCA 1964)
- Erwin v. Erwin, 167 So. 2d 258 (Fla. 2d DCA 1964)
- Conley v. State, 160 So. 2d 752 (Fla. 1st DCA 1964)