THOMAS JEFFERSON JACKSON, 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 court held that the trial court erred in summarily denying the motion to vacate without a hearing when the motion alleged a prosecuting attorney had previously been employed by the defense counsel.
Appellant was convicted of robbery and sentenced to thirty years. He filed a motion to vacate judgment and sentence, alleging that one of the prosecut…
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 Judgment And Sentence cases and more on FLexlaw
Appellant seeks review of an order denying without hearing, his amended motion to vacate judgment and sentence pursuant to Cr. PR 1.850, 33 F.S.A.
Appellant was convicted of the crime of robbery and sentenced to a term of thirty years in the state penitentiary.
One of appellant’s contentions is that the trial court erred in summarily denying his motion to vacate where it was made to appear from the motion that one of the prosecuting attorneys had previously been employed by his defense counsel.
We find merit in this contention and reverse for an evidentiary' hearing to determine the issue of fact raised by the motion as to this point. Should the allegation be well founded, a new trial will be required. Young v. State, Fla.App. 1965, 177 So.2d 345.
Appellant’s second point has also been considered and found to be without merit.
For the reason stated, the order appealed is reversed and the cause remanded for a hearing and possible new trial in accordance with Cr. PR 1.850.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Surrette v. State, 251 So. 2d 149 (Fla. 2d DCA 1971)…original counsel, who had received knowledge of appellant’s defense, became an assistant state attorney with the state attorney’s office which prosecuted appellant. In support of this contention, appellant relies upon Jackson v. State, Fla.App.1970, 234 So. 2d 708, and Young v. State, Fla.App.1965, 177 So. 2d 345. In answering this contention, we first note that the record reveals that Mr. McPherson did not participate in the prosecution of the case against the appellant. The record also reveals that at the e…
Authorities Cited
- Young v. State, 177 So. 2d 345 (Fla. 2d DCA 1965)