Florida District Courts of Appeal, 1974

Pair v. State

Pair v. State
Florida District Courts of Appeal · Decided June 14, 1974 · Cross, Mager, Owen
295 So. 2d 679; 1974 Fla. App. LEXIS 7133 (Southern Reporter, Second Series)

Pair v. State

Opinion of the Court

PER CURIAM.

The order denying petitioner’s motion to vacate judgment and sentence is affirmed *680on the ground that the allegations set forth in the motion are insufficient to show a right to relief under Rule 3.850, F.R.Cr.P., 33 F.S.A. The motion fails to contain any allegation that petitioner, who alleges that he was denied the benefit of counsel, was insolvent and unable to procure counsel at the time of his conviction in 1946. Accordingly, the judgment is affirmed without prejudice to the re-filing of a motion containing the necessary allegations. McClen-don v. Wainwright, Fla.App. 1973, 280 So. 2d 703.

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

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