JESSIE L. MYLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1973-07-20
No. 73-158
MANN, C. J., and LILES and BOARD-MAN, JJ., concur.
280 So. 2d 516 Florida District Court of Appeal, Second District (1973)

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.


Holding

The court held that the appellant's points raised on appeal were without merit and not supported by the record.


Facts & Procedural History

Appellant filed a post-conviction motion challenging his robbery conviction. The motion was summarily denied by the trial court. Appellant appealed th…

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.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Jessie L. Myles, timely appeals to this -court from an order entered by the Hillsborough County Circuit Court summarily denying a post-conviction motion brought under RCrP 3.850 33 F.S.A.

Appellant was charged in a one count information with the offense of robbery. He pled not guilty, was tried by jury, convicted, and sentenced to a term in the state prison. He filed a direct appeal and this court, in Patterson et al. v. State, Fla.App.1972, 263 So.2d 593, affirmed.

We have reviewed the record, considered the points raised on the appeal by appellant and find them to be without merit, being based on mere allegation, without more. See rationale of Davis v. State, Fla.App.1973, 277 So.2d 790. The record does not support the contention of appellant that he is entitled to an eviden-tiary hearing.

We point out that the “MOTION TO VACATE CONVICTION/SENTENCE” filed by appellant, pro se, challenged the legality of jury selection in Hillsborough County. With regard to this point see the special concurring opinion of Chief Judge Mann of this court in the case of Latson v. State, Fla.App.1973, 276 So.2d 496.

Appellant, having failed to demonstrate reversible error we, accordingly,

Affirm.

MANN, C. J., and LILES and BOARD-MAN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw