JAMES TIMOTHY TILLMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES TIMOTHY TILLMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
186 So. 2d 257
Florida District Court of Appeal, Second District (1966)
Positive Treatment
Cited by 3 cases
Opinion of the Court
Appellant, defendant below, appeals an order denying his motion to vacate judgment and sentence filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Appellant’s motion failed to allege that he was indigent and unable to employ counsel at the time he entered his plea. The motion was therefore legally insufficient. Hoffman v. State, 163 So.2d 797 (D.C.A.Fla.1964), and cases cited therein.
The order appealed is therefore affirmed without prejudice to appellant’s right to refile his motion.
Affirmed.
LILES, Acting C. J., and HOBSON and PIERCE, JJ., concur.
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Shriners Hosps. FOR Crippled Child. v. Zrillic, 563 So. 2d 64 (Fla. 1990)…macy of the statute had been recognized numerous times. E.g., Ruppert v. Estate of Hastings, 311 So. 2d 810 (Fla. 1st DCA 1975); In re Estate of Rauf, 213 So. 2d 31 (Fla. 1st DCA 1968), cert, denied, 225 So. 2d 524 (Fla. 1969); In re Estate of Lane, 186 So. 2d 257 (Fla. 2d DCA 1966); In re Estate of Blankenship. The legislature has not repealed the statute since we found it constitutional, but has, in effect, reenacted it. We should not nullify it now. I therefore dissent on finding section 732.803 unconstitu…
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Authorities Cited
- Hoffman v. State, 163 So. 2d 797 (Fla. 2d DCA 1964)