THOMAS MITCHELL BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A motion for relief under Criminal Procedure Rule 1 is insufficient if it only alleges that court-appointed counsel did not spend enough time preparing the case.
Appellant sought relief under Criminal Procedure Rule 1, alleging his court-appointed counsel was incompetent due to insufficient preparation time. Th…
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The appellant brings this appeal from a denial of his motion for relief pursuant to Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix. Since the order was entered without an evidentiary hearing, the question presented is whether or not the motion was sufficient in substance to support the relief prayed.
The substance of appellant’s motion is that his court-appointed counsel was incompetent in that he did not spend sufficient time in the preparation of the case. While allegations of the incompetency of court-appointed counsel may be a ground for relief pursuant to Criminal Procedure Rule 1, an allegation that the court-appointed attorney did not spend enough time with the accused is not sufficient to constitute a basis for an evidentiary hearing. Simpson v. State, Fla.App.1964, 164 So.2d 224.
We agree with the trial court that those portions of the motion attempting to raise collaterally the voluntariness of the confession are insufficient to constitute a ground for relief. See Brown v. State, Fla.App. 1966, 187 So.2d 669, and cases cited therein.
*613Appellant’s remaining allegation attempts to collaterally attack the judgment upon the basis of his interrogation prior to trial. See Escobedo v. State of Illinois, 378 U.S. 478, 48 S.Ct. 1758, 12 L.Ed.2d 977. The trial court correctly held that under the allegations of this petition, the judgment was not subject to collateral attack on this ground. See Montgomery v. State, Fla. 1965, 176 So.2d 331.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Fuller v. Wainwright, 238 So. 2d 65 (Fla. 1970)…r arrest. Petitioner further says that he was denied the right of effective assistance of counsel and alleges that he was visited only twice by his lawyer prior to trial. This does not in itself establish incompetent representation. Brown v. State, 191 So. 2d 612 (Fla.App.3rd, 1966); Conner v. State, 229 So. 2d 17 (Fla.App.2d, 1969). Furthermore, his complaint that his court-appointed counsel failed to subpoena witnesses for his defense is without merit. Failure of counsel to call witnesses on behalf of the…
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Plymale v. State, 201 So. 2d 85 (Fla. 3d DCA 1967)…that under the circumstances the appellant’s counsel at the 1961 proceedings was not guilty of any incompetency upon the information furnished him prior to the pleas. See: McCray v. State, Fla.App.1966, 181 So. 2d 729; Brown v. State, Fla.App. 1966, 191 So. 2d 612; State v. Barton, Fla.1967, 194 So. 2d 241. It does not appear, from the evidence, that the trial court was in error in determining that the appellant’s plea of guilty in 1961 was not coerced. See: Kent v. United States, 1st Cir. 1959, 272 F. 2d 795…
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O'Malley v. Louie L. Wainwright, 237 So. 2d 813 (Fla. 2d DCA 1970)…f detention before being charged, not allowed a phone call, etc.” No sufficient showing of factual incompetence was set forth. Taylor v. State, Fla.App.1965, 171 So. 2d 402; Smith v. State, Fla.App.1965, 175 So. 2d 243; Brown v. State, Fla.App.1966, 191 So. 2d 612; Simpson v. State, Fla.App.1964, 164 So. 2d 224. And the plea of guilty and his acquiescence therein for over two years after being given probation, renders nugatory any contention of incompetence. 16. Petitioner contends that a six man jury at the…
Previewing 3 of 9 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)
- Simpson v. State, 164 So. 2d 224 (Fla. 3d DCA 1964)
- Montgomery v. State, 176 So. 2d 331 (Fla. 1965)
- Gerald "Pops" Brown v. State, 187 So. 2d 669 (Fla. 3d DCA 1966)