GLENN DYKES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court denied a habeas corpus petition from a prisoner challenging his conviction, but without prejudice to refile based on a subsequent ruling. The prisoner claimed he did not knowingly waive his right to counsel.
The habeas corpus petition is denied, but without prejudice. The petitioner may refile his motion in the trial court in light of a subsequent Supreme Court decision.
“By his post-conviction application for a writ of habeas corpus, the petitioner, Dykes, claims relief against a judgment of conviction and sentence to imprisonment by the Court of Record of Escambia County, Florida, on December 1, 1959.”
Introduces the petitioner's claim and the original conviction.
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Join FLexlaw to unlock all legal intelligencePetitioner Dykes was convicted and sentenced in 1959. He later sought post-conviction relief, arguing he did not understand or waive his right to coun…
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By his post-conviction application for a writ of habeas corpus, the petitioner, Dykes, claims relief against a judgment of conviction and sentence to imprisonment by the Court of Record of Escam-bia County, Florida, on December 1, 1959.
Dykes subsequently assaulted the judgment by a motion filed under our Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. He was denied relief by the trial court. The District Court of Appeal, First District, affirmed the denial. Dykes v. State of Florida (Fla.App. 1964) 162 So. 2d 675.
*652The District Court was of the view that Dykes had understandingly waived the right to counsel. By his petition now here, Dykes continues to assert that no waiver was reflected by the record.
The instant application for habeas corpus is denied. However, the denial is without prejudice to the right of the petitioner Dykes to move under Criminal Procedure Rule No. 1 in the Court of Record of Escambia County, in the light of our opinion in Mason v. State (Fla.1965), 176 So.2d 76, which was filed subsequent to the decision of the District Court of Appeal, First District, in Dykes v. State, supra.
It is so ordered.
THORNAL, C. J., and THOMAS, ROBERTS and O’CONNELL, JJ., concur.
CALDWELL, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dykes v. State, 162 So. 2d 675 (Fla. 1st DCA 1964)
- Mason v. State, 176 So. 2d 76 (Fla. 1965)