Crosby v. State, E-334
| Decision Date | 26 November 1963 |
| Docket Number | No. E-334,E-334 |
| Citation | 157 So.2d 867 |
| Parties | Dewey CROSBY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Dewey crosby, in pro. per.
Richard W. Ervin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee.
Pursuant to Criminal Procedure, Rule 1, F.S.A. ch. 924 Appendix, Dewey Crosby filed a motion to vacate judgment of conviction and sentence of a crime constituting a felony. He was subsequently adjudicated an insolvent by the trial court. One of the grounds for his motion to vacate was that his constitutional rights had been violated in that he had not been represented by counsel at the time of his arraignment, nor at the time he entered his plea of guilty. The trial court found from the record of the cause that Crosby had waived his right of counsel, if any, and denied the motion to vacate. We have examined the record in this cause and find nothing therein to sustain the finding of the trial court. Consequently, the order appealed from is reversed and the cause is remanded with directions for further proceedings in accord with the opinion of this Court in Mullins v. State, Fla.App., 157 So.2d 701.
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Dykes v. State
...therefore, reverse the order appealed from, and remand the cause, as we did in Mullins v. State, 157 So.2d 701 (1963) and Crosby v. State, 157 So.2d 867 (1963), with directions for further proceedings, 'including a full opportunity to the defendant or a courtappointed counsel to present evi......
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...appealed) substantiate the lower court's finding. Necessarily, disposition on the basis of that finding was erroneous. Cf. Crosby v. State, Fla.App.1963, 157 So.2d 867. Because of the erroneous reason underlying the appealed order, it would ordinarily be necessary that this case be returned......
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...the Rule for notice, hearing and determination of the issue must be followed. King v. State, Fla.App.1963, 157 So.2d 440; Crosby v. State, Fla.App.1963, 157 So.2d 867. In the instant case there is no suggestion that the files and record preclude relief. The record on appeal contains a lette......