Florida District Courts of Appeal, 1964

Mitchell v. State

Florida District Courts of Appeal · Decided August 14, 1964 · Allen, Andrews, Smith

167 So. 2d 27 (Southern Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

Harrington v. State (Fla. Dist. Ct. App. 1980)
Parks v. State (Fla. Dist. Ct. App. 1971)
Bretti v. State (Fla. Dist. Ct. App. 1970)
Suarez v. State (Fla. Dist. Ct. App. 1969)
Crusoe v. State (Fla. Dist. Ct. App. 1966)
Crusoe v. State (Fla. Dist. Ct. App. 1966)
Johnson v. State (Fla. Dist. Ct. App. 1966)
Wilcox v. State (Fla. Dist. Ct. App. 1965)

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.'

By motion pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix filed in the lower court and by appeal from denial of that motion, appellant seeks relief upon grounds which indicate an attempt to employ Rule No. 1 as a substitute for timely appeal. The decisions in this State and analogous Federal authority are, with a single exception, not here significant, unanimous in denying relief under these circumstances. Criminal Procedure Rule No. 1 is not a substitute for appeal. Austin v. State, Fla.App.1964, 160 So.2d 730.

Affirmed.

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

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