WOODROW WILSON WALLACE, APPELLANT,
v.
THE 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 appellate court affirmed the denial of a motion for post-conviction relief, holding that claims of insufficient evidence and the absence of a preliminary hearing were not grounds for relief under the relevant rule, and that the defendant was not entitled to select his own counsel.
No, claims of insufficient evidence and the absence of a preliminary hearing are not grounds for relief under Criminal Procedure Rule 1, and an indigent defendant is not entitled to select his own counsel.
“The contention of insufficiency of the evidence was a matter for review on appeal, and not a basis for collateral attack under Criminal Procedure Rule 1.”
Establishes that insufficient evidence claims are not cognizable under the post-conviction relief rule.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWoodrow Wilson Wallace was charged with multiple counts of a crime against nature. He initially pleaded not guilty, then changed his plea to nolo cont…
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 Preliminary Hearing cases and more on FLexlaw
The appellant Woodrow Wilson Wallace, in eleven separate informations, was charged with commission of a crime against nature in violation of § 800.01, Fla. Stat, F.S.A. He entered pleas of not guilty thereto and waived jury trial. He was tried on one of the informations, stipulating that testimony thereon would be applicable to the others, as to which he changed his plea to Nolo Contendré. He was found guilty under the information on which tried, and judgment was entered and sentence imposed under each information, the sentences to run concurrently. This appeal is from an order denying Wallace’s motion, subsequently filed, for relief under Criminal Procedure Rule 1. We find no error, and affirm. The contention of insufficiency of the evidence was a matter for review on appeal, and not a basis for collateral attack under Criminal Procedure Rule 1. Austin v. State, Fla.App.1964, 160 So.2d 730, 731. The indigent defendant was furnished counsel. As such he was not entitled to select his own counsel. Donald v. State, Fla.App.1964, 166 So.2d 453, 457. Absence of a preliminary hearing, which is not regarded as a crucial step in the proceedings, afforded no basis for relief under Criminal Procedure Rule 1, there being no showing of resulting prejudice. Shannon v. State, Fla.App.1965, 172 So.2d 479, 480.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Reuel Lawson v. State, 215 So. 2d 790 (Fla. 2d DCA 1968)…te. Defendant shows no prejudice to him flowing from an absence of preliminary hearing or because he was not taken before a magistrate upon his arrest. Therefore post-conviction relief under the Rule is not available. Wallace v. State, Fla.App.1966, 184 So. 2d 443; Murray v. State, Fla.App. 1965, 172 So. 2d 487; Smith v. State, Fla.App.1965, 175 So. 2d 243; Carey v. State, Fla.App.1965, 176 So. 2d 603; Blunt v. State, Fla.App.1967, 203 So. 2d 49. 2. Refusal of counsel at line-up. The U. S. Supreme Court, in…
-
Johnson v. State, 236 So. 2d 473 (Fla. 2d DCA 1970)…g of prejudice resulting therefrom. Murray v. State, Fla.App., 172 So. 2d 487; Lawson v. State, Fla.App.1968, 215 So. 2d 790; Smith v. State, Fla.App.1965, 175 So. 2d 243; Carey v. State, Fla.App.1965, 176 So. 2d 603; Wallace v. State, Fla.App.1966, 184 So. 2d 443; Blunt v. State, Fla.App.1967, 203 So. 2d 49. 2. Johnson also alleges that he “was never informed of his rights nor the accusation against him until the day of his trial by jury”. This is refuted by the official files and records of the Court. The…
-
Campfield v. State, 214 So. 2d 885 (Fla. 2d DCA 1968)…PER CURIAM. Affirmed upon authority of Nelson v. State, Fla.App.1968, 208 So. 2d 506; Dozier v. State, Fla.App.1966, 192 So. 2d 506; Wallace v. State, Fla.App.1966, 184 So. 2d 443. ALLEN, Acting C. J. and PIERCE and MANN, JJ., concur.…
Authorities Cited
- Austin v. State, 160 So. 2d 730 (Fla. 2d DCA 1964)
- Douzier Shannon v. State, 172 So. 2d 479 (Fla. 3d DCA 1965)
- Donald v. State, 166 So. 2d 453 (Fla. 2d DCA 1964)
- Fischer v. Jefferson Ins. Co., 166 So. 2d 453 (Fla. 3d DCA 1964)