Florida District Courts of Appeal, 1964

McClendon v. State

McClendon v. State
Florida District Courts of Appeal · Decided May 20, 1964 · Allen, Andrews, Smith
164 So. 2d 28; 1964 Fla. App. LEXIS 4249 (Southern Reporter, Second Series)

McClendon v. State

Opinion of the Court

PER CURIAM.

Appellant’s motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, denied in an order here appealed, fails to allege facts constituting a claim for relief under the aforementioned Rule. Although it appears that the lower court’s order denying the motion was based in part on matters dehors the record, we must, because of the aforementioned insufficiency of the motion, affirm. Cf. Webster v. State, Fla.App.1963, 156 So.2d 890.

Affirmed.

SMITH, C. J., and ALLEN and ANDREWS, JJ., concur.

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