Chayter v. State
| Decision Date | 22 June 1965 |
| Docket Number | No. 64-856,64-856 |
| Parties | Edward Coty CHAYTER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Edward Coty Chayter, in pro. per.
Earl Faircloth, Atty. Gen., and James T. Carlisle, Asst. Atty. Gen., for appellee.
Before BARKDULL, C. J., and CARROLL and HENDRY, JJ.
The appellant, defendant in the trial court, seeks review of an adverse order on his petition for post-conviction relief, pursuant to the provisions of Criminal Procedure Rule No. 1 F.S.A. ch. 924 Appendix. In contending that the trial judge committed error in entering the order on the petition, the only point preserved for review on appeal concerns the admissibility of evidence at the time of the original trial.
The appellant was originally informed against in three separate informations. He pleaded not guilty, retained his own counsel and, following a trial, was duly convicted and adjudicated guilty. The propriety of the admission of evidence in the original trial is not available in a collateral proceeding under Criminal Procedure Rule No. 1. See and compare: Austin v. State, Fla.App.1964, 160 So.2d 730; Duncan v. State, Fla.App.1964, 161 So.2d 718.
Therefore, the order here under review is hereby affirmed.
Affirmed.
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Joseph v. State, 81-591
...(Fla.1966); Ziegler v. State, 180 So.2d 477 (Fla. 3d DCA 1965); Coyner v. State, 177 So.2d 715, 717 (Fla. 3d DCA 1965); Chayter v. State, 176 So.2d 382 (Fla. 3d DCA 1965); Kirkland v. State, 165 So.2d 774 (Fla. 3d DCA 1964); Duncan v. State, 161 So.2d 718 (Fla. 3d DCA 1964); Austin v. State......
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Harvey v. State, 7475
...167 So.2d 767; Dozier v. State, Fla.App.1966, 192 So.2d 506; Whitaker v. State, Fla.App.1964, 160 So.2d 125; Chayter v. State, Fla.App.1965, 176 So.2d 382; and Wilcox v. State, Fla.App.1965, 171 So.2d ALLEN, Acting C.J., and PIERCE and HOBSON, JJ., concur. ...
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Paramore v. State, 70--934
...circumstances, we are without power to grant the appellant a second appeal, Gobie v. State, Fla.App.1966, 188 So.2d 33; Chayter v. State, Fla.App.1965, 176 So.2d 382. Appellant's second point urges that the exclusion of prospective jurors for cause upon the ground that they objected to capi......
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Robinson v. State
...and the propriety of admission of evidence cannot be raised in a collateral proceeding under Criminal Procedure Rule One. Chayter v. State, Fla.App.1965, 176 So.2d 382; and Austin v. State, Fla.App.1964, 160 So.2d 730. Therefore, the appellant cannot raise the propriety of admission of the ......