The appellant appeals from a trial court’s-denial without hearing of his motion for relief filed pursuant to Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix. The order of the trial judge correctly held that appellant’s claim for relief was clearly refuted by the record. The order is affirmed upon authority of Sardinia v. State, Fla.1964, 168 So.2d 674; Ingrim v. State, Fla.App.1964, 166 So.2d 805.

Affirmed.