RESHA MORRISON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1966-04-19
No. 65-920
Before HENDRY, C. J., and PEARSON and BARKDULL, JJ.
185 So. 2d 193 Florida District Court of Appeal, Third District (1966) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant was tried and convicted of breaking and entering a store building with intent to commit grand larceny. Subsequently, he filed a motion for relief pursuant to Rule No. I, Florida Rules of Criminal Procedure, F.S.A. ch. 924 Appendix. The sole allegation of this motion was that he was inadequately represented by the Public Defender who refused to file a motion for new trial and an appeal.

Inasmuch as the record conclusively refutes the allegation, the trial judge correctly denied the motion without a hearing thereon.

Affirmed.

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    …PER CURIAM. Affirmed. See Simpson v. State, 181 So. 2d 185 (Fla.App.1966) and Morrison v. State, 185 So. 2d 193 (Fla.App.1966). RAWLS, Chief Judge, CARROLL, DONALD, and JOHNSON, JJ., concur.…

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