Ashley v. State
| Decision Date | 13 December 1963 |
| Docket Number | No. 4324,4324 |
| Citation | 158 So.2d 530 |
| Parties | Baxter McLendon ASHLEY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Joseph G. Spicola, Jr., Tampa, for appellant.
Richard W. Ervin, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.
The appellant, Baxter McLendon Ashley, was charged with robbery. At the arraignment the Assistant State Attorney ascertained the defendant's name and age, read the information and asked: 'How do you plead, Mr. Ashley?' The defendant replied: 'Plead guilty.' He was then asked: 'Has anybody promised you anything or threatened you in any way to get you to plead guilty to this information?' The answer was 'No, sir.' At this point the Assistant State Attorney stated: 'You understand that you do have a right to be tried by a jury on this charge and represented by counsel?' The record does not disclose any response to this statement. The court referred the case to the probation officer for pre-sentence investigation, and subsequently the defendant was adjudged guilty and sentenced to a term of seven years in the state prison. In all of the foregoing proceedings, the defendant appeared before the court in person and without the benefit of counsel.
Thereafter, the defendant filed his motion to vacate and set aside the judgment and sentence, pursuant to the procedure established by Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Ashley's motion alleges that he was indigent at the time of his arraignment and could not hire legal counsel; that the court refused to appoint counsel to defend him because he was not charged with a capital offense; and that he was therefore denied his constitutional right to counsel.
The court below thereupon entered an order reciting that the cause having come on for hearing on defendant's motion, and the court having duly considered the same after examining the files and records in the cause, and it appearing to the court that the defendant is lawfully imprisoned, the motion is denied. From the foregoing order the defendant appeals. We reverse.
From the transcript of the Arraignment and Plea, it affirmatively appears that the defendant was not represented by an attorney. This record is silent on the following crucial questions: (1) whether the defendant was financially unable to employ counsel; if so, (2) whether the defendant was aware of his right to counsel or was offered counsel; and, if so, (3) whether the defendant competently and intelligently waived his right to counsel.
In accordance with the principles of law set forth in King v. State, Fla.App.1963, 157 So.2d 440, we hold that the files and records of this case do not conclusively show that the prisoner Ashley is entitled to no relief; therefore, the...
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Dykes v. State
...liberal rule recognized recently by both of our sister district courts of appeal (the Second District Court of Appeal in Ashley v. State, 158 So.2d 530, 531 (1963) and the Third District Court of Appeal in Andrews v. State, 160 So.2d 726), as 'In processing a motion under Criminal Procedure......
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Dixon v. State, 4354
...of a pro se motion, extend broad latitude in compliance with form and detail. Roy v. Wainwright, Fla.1963, 151 So.2d 825; Ashley v. State, Fla.App.1963, 158 So.2d 530; Andrews v. State, Fla.App.1964, 160 So.2d 726. See Dykes v. State, supra, (dissenting opinion). Additionally, the trial cou......
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Gillyard v. State, 64-340
...niceties, since a prisoner is almost always unskilled in the law and cannot be held to a high standard of pleading.' Ashley v. State, Fla.App.1963, 158 So.2d 530; Hall v. State, Fla.App.1964, 160 So.2d 527; Andrews v. State, Fla.App.1964, 160 So.2d 726, These holdings are consistent with th......
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Sampson v. State
...motion is not an absolute necessity as a predicate for the assumption and exercise of the trial court's jurisdiction, Ashley v. State, Fla.App.1963, 158 So.2d 530, sworn affirmations of fact are necessary as possible predicates for relief upon hearing. Accordingly, upon remand of the cause,......