Florida District Courts of Appeal, 1963

Auflick v. State

Florida District Courts of Appeal · Decided December 18, 1963 · Allen, Kanner, White

158 So. 2d 767 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Auflick v. State (Fla. 1964)
Duke v. State (Fla. Dist. Ct. App. 1964)
Hoffman v. State (Fla. Dist. Ct. App. 1964)
Roberts v. State (Fla. Dist. Ct. App. 1964)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The appellant, seeking post conviction relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 App., failed to allege that he was insolvent and unable to obtain counsel at the time he entered his plea. *768The motion, therefore, was legally insufficient. Savage v. State, Fla.App.1963, 156 So.2d 566. See also Dias v. State, Fla.App., 158 So.2d 766, wherein the court said:

“The right to counsel under the decision in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), extends only to a person who is financially unable to employ counsel.”

Affirmed.

KANNER, Acting C. J., and ALLEN and WHITE, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.