Florida District Courts of Appeal, 1972

McClendon v. State

McClendon v. State
Florida District Courts of Appeal · Decided April 11, 1972 · Mager, Owen, Reed
260 So. 2d 255; 1972 Fla. App. LEXIS 6954 (Southern Reporter, Second Series)

McClendon v. State

Opinion of the Court

PER CURIAM.

This is an appeal from the denial of a motion under Rule 3.850, CrPR, 33 F.S.A., to vacate a judgment and sentence imposed on defendant following a plea of guilty to aggravated assault. The motion alleged as the ground for relief that defendant was without counsel at the time he pled guilty. This allegation standing alone is insufficient to show a right to relief under Rule 3.850, CrPR. On this basis only we affirm the appealed order. Rose v. State, Fla.App. 1970, 235 So.2d 353.

Affirmed.

REED, C. J., and OWEN and MAGER, JJ., concur.

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