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Florida District Courts of Appeal, 1964

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided May 20, 1964 · Allen, Andrews, White
164 So. 2d 37; 1964 Fla. App. LEXIS 4257 (Southern Reporter, Second Series)

Davis v. State

Opinion of the Court

PER CURIAM.

The lower court held that the motion filed under Criminal Procedure Rule No. 1 did not show a prima facie right to relief, said motion did not contain allegations of fact which expressly or implicitly negate waiver of the right to counsel.

We affirm under authority of King v. State, Fla.App.1963, 157 So.2d 440; Sampson v. State, Fla.App.1963, 158 So.2d 771; Wilson v. State, Fla.App. 1964, 164 So.2d 43; and Dixon v. State, Fla.App. 1964, 163 So.2d 771.

ALLEN, Acting C. J., and. WHITE, J., concur. ANDREWS, J., dissents.

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