DONALD EDWARD WADE, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a claim of counsel incompetency requires factual allegations beyond mere inexperience, and the admission of a statement was proper.
Appellant was convicted of rape and denied post-conviction relief. He claimed his appointed counsel was inexperienced and that a statement against int…
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The appellant, Donald Edward Wade, Sr., was denied post conviction relief under Criminal Procedure Rule One, F.S.A. Chapter 924, Appendix, without a hearing and appeals to this court.
The petition presents two grounds for relief: 1, that the counsel appointed by the court to represent him was inexperienced in criminal matters; and 2, the admission into evidence at the trial of a statement against interest.
The defendant, together with his brother, was indicted and tried for rape in Palm Beach County in 1949, and was found guilty by a jury. An examination of the record discloses that the defendant was represented by the court-appointed attorney. Under such circumstances a claim of incompetency of counsel without supporting allegations of fact does not sufficiently show that the appointed counsel was so incompetent as to render the trial a mockery and farcical. Sam v. State, Fla.App.1964, 167 So.2d 258.
The record also discloses that the statements given by the defendant, although admitting his presence at the scene of the crime, denied committing the crime. He was warned of his right not to make a statement and of the fact that any statement which he made could be used against him in the trial of the cause. The court admitted the statement into evidence after determining from the entire record that the statement was admissible. Patterson v. State, 1946, 157 Fla. 304, 25 So.2d 713.
The record clearly does not bring this case within the rule established in Es*696cobedo v. State of Illinois, 1964, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977.
Affirmed.
SMITH, C. J., and ALLEN and ANDREWS, TJ-, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Potts v. State, 242 So. 2d 729 (Fla. 2d DCA 1971)…that such alleged incompetency of counsel made the trial a mockery or a farce. Plymale v. State, Fla.App.1966, 182 So. 2d 57; Coleman v. State, Fla.App.1965, 172 So. 2d 854; Smith v. State, Fla.App.1965, 175 So. 2d 243; Wade v. State, Fla.App.1965, 177 So. 2d 695; Crusoe v. State, Fla.App.1966, 183 So. 2d 600. The trial Court is not required to have an evidentiary hearing upon such petition for relief when the allegations of the petition itself are not factually sufficient to warrant relief. Because of suc…
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State v. Garmise, 382 So. 2d 769 (Fla. 3d DCA 1980)…d 429 (Fla. 3d DCA 1975); Parker v. State, 295 So. 2d 312 (Fla. 1st DCA 1974); Potts V. State, 242 So. 2d 729 (Fla. 2d DCA 1971); Meinsen v. State, 240 So. 2d 188 (Fla. 2d DCA 1970); Plymale v. State, 182 So. 2d 57 (Fla. 3d DCA 1966); Wade v. State, 177 So. 2d 695 (Fla. 2d DCA 1965); Taylor v. State, 171 So. 2d 402 (Fla. 2d DCA 1965); Sam v. State, 167 So. 2d 258 (Fla. 2d DCA 1964); Simpson v. State, 164 So. 2d 224 (Fla. 3d DCA 1964). The foregoing line of cases have held that the services of a defendant’s co…
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Meinsen v. State, 240 So. 2d 188 (Fla. 2d DCA 1970)…f counsel.” To the same effect see Sam v. State, Fla.App.1967, 167 So. 2d 258; Taylor v. State, Fla.App.1965, 171 So. 2d 402; Coleman v. State, Fla.App.1965, 172 So. 2d 854; Miles v. State, Fla.App.1965, 174 So. 2d 576; Wade v. State, Fla.App.1965, 177 So. 2d 695; Smith v. State, Fla.App.1965, 175 So. 2d 243. In the case sub judice, we hold that the allegations of the petition for post-conviction relief did not in any sense show that Meinsen’s trial was a mockery or farce, or even that his counsel was neces…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Escobedo v. Illinois, 378 U.S. 478 (U.S. 1964)
- Patterson v. State, 157 Fla. 304 (Fla. 1946)
- Erwin v. Erwin, 167 So. 2d 258 (Fla. 2d DCA 1964)