Dias v. State
| Decision Date | 24 July 1963 |
| Docket Number | No. 4126,4126 |
| Citation | 155 So.2d 662 |
| Parties | James DIAS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Dias, in pro. per.
Richard W. Ervin, Atty. Gen., Tallahassee, for appellee.
Pursuant to Criminal Procedure Rule 1, 31 F.S.A., James Dias filed motion to vacate the judgment of conviction and sentence of two years which had been entered against him by the Criminal Court of Record of Polk County, Florida, prior to publication of the Gideon v. Wainwright case, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799. The offense of which he was adjudged guilty was breaking and entering with intent to commit a felony, that of grand larceny; and the basis for his motion to vacate was that his constitutional rights had been violated in that he had not been represented by counsel at the trial. The trial court entered an order denying the motion to vacate and, thereafter, one denying the motion of appellant for rehearing. Dias then filed an affidavit that he was insolvent and was so declared by the court. He ultimately filed an appeal from the order denying the motion to vacate and moved that the trial court appoint an attorney to represent him on the appeal. This the trial court declined to do.
The matter now before this court is a motion filed here by Dias requesting that appeal counsel be provided. Thus, this opinion is restricted to that subject, and we are not presently concerned with the merits of the appeal.
Through the case of Donald v. State of Florida, Fla.App.1963, 154 So.2d 357, this court ruled that the defendant, Donald, an indigent, was entitled to appointment of counsel for his appeal, pursuant to his request to this court. There, a direct appeal had been entered by the defendant from the judgments and sentences which had been imposed upon him and not, as here, from an order of the court denying motion to vacate under Criminal Procedure Rule 1.
Under date of July 16, 1963, our sister court, the Third District Court of Appeal, filed an opinion in the case of Weeks v. State of Florida, 156 So.2d 36, wherein it granted a motion of the defendant-appellant Weeks similar to the one here considered. The appellate court, in granting the motion, temporarily relinquished jurisdiction to the criminal court of record for the purpose of designating the Public Defender of Dade County or other appropriate counsel to represent appellant on his appeal. The state moved to vacate this order,...
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State v. Weeks, 32875
...have reached this conclusion with some admitted reluctance. Weeks v. State, supra; Mullins v. State, Fla.App., 157 So.2d 701; Dias v. State, Fla.App., 155 So.2d 662; King v. State, Fla.App., 157 So.2d 440; Keur v. State, Fla.App., 160 So.2d 546. Similarly, it has been held that an indigent ......
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Keur v. State
...defender. These statutory safeguards should protect the public treasuries against abuse. Consistent with our decision in Dias v. State, Fla.App.1963, 155 So.2d 662, wherein we held that an insolvent defendant-appellant who had been denied relief under Criminal Procedure Rule No. 1 was entit......
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Webster v. State, E-251
...We are not unmindful of the decisions of our sister courts in Weeks v. State, 156 So.2d 36 (Fla.App.1963), and Dias v. State, 155 So.2d 662 (Fla.App.1963), holding that an insolvent appellant is entitled to be furnished counsel on an appeal from an order denying his motion to vacate under C......
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Caminita v. State, 4138
...the issues, and made findings of fact and conclusions of law. (emphasis his) * * * * * * 'Consistent with our decision in Dias v. State, Fla.App.1963, 155 So.2d 662, wherein we held that an insolvent defendant-appellant who had been denied relief under Criminal Procedure Rule No. 1 was enti......