Florida District Courts of Appeal, 1964

Cardwell v. State

Cardwell v. State
Florida District Courts of Appeal · Decided March 31, 1964 · Carroll, Donald, Sturgis, Wigginton
162 So. 2d 681; 1964 Fla. App. LEXIS 4662 (Southern Reporter, Second Series)
Cardwell v. State

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Dissenting Opinion

CARROLL, DONALD K., Judge

(dissenting).

I dissent for the reasons stated in my dissenting opinion in Dykes v. State, Fla.App., 162 So.2d 675. I think that the appellant should have been given an opportunity to present evidence on the issue as to whether he competently and intelligently waived his right to counsel at the trial.

Opinion of the Court

PER CURIAM.

Affirmed. See Dykes v. State, Fla.App., 162 So.2d 675.

STURGIS, C. J., and WIGGINTON, J., concur. CARROLL, DONALD K., J., dissents.

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