Hale v. State, E-422
| Decision Date | 10 March 1964 |
| Docket Number | No. E-422,E-422 |
| Parties | Clifton (Clifford) HALE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
George G. Phillips, Pensacola, for appellant.
Richard W. Ervin, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for appellee.
On the 24th day of April, 1960, information was filed by the County Solicitor of Escambia County, Florida, charging appellant Clifton Hale with the crime of assault with intent to murder. The following proceedings were had on May 17, 1960, in the Court of Record in and for Escambia County, Florida, viz.:
'Sentence deferred.'
Subsequently, the trial court placed appellant on probation for a period of seven years.
On February 10, 1961, the defendant during proper hearing told the court that he had violated the terms of his probation, and the court thereupon adjudged the defendant guilty of violation of probation, revoked probation, and imposed an indeterminate sentence for a term of six months to ten years.
On July 15, 1963, appellant addressed the following communication to the judge of the trial court:
'/s/ Clifton Hale'
The trial court treated the foregoing communication as a petition for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, and made the following finding:
'* * * and being advised in the premises finds from the Record in this cause that defendant waived his right, if any, to appointment of counsel in his behalf and voluntarily plead guilty to the offense(s) for which he was adjudged guilty and sentenced, and defendant is not entitled to the relief requested * * *.'
On August 4, 1963, appellant filed the following petition:
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