Hall v. State
| Decision Date | 12 February 1964 |
| Docket Number | No. 4296,4296 |
| Citation | 160 So.2d 527 |
| Parties | Earl Lee HALL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Marcus A. Wilkinson, III, Asst. Public Defender, for appellant.
James W. Kynes, Atty. Gen., Tallahassee, Robert R. Crittenden, Asst. Atty. Gen., Lekeland, for appellee.
Earl Lee Hall, appellant, was charged under two counts of an information filed on February 16, 1962, with breaking and entering an automobile with intent to commit a misdemeanor, that of petit larceny, and with committing petit larceny. He was arraigned on February 19 of that same year, entered a plea of guilty, was so adjudged, and was sentenced on the first count to a term of from six months to five years in the state prison. The appeal brought by him before this court is from an order of the trial judge denying, without a hearing upon it, a verified motion to vacate and set aside his sentence, filed on April 24, 1963 pursuant to Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix.
The position of the state is that the motion to vacate fails to reveal any concise allegation that appellant was indigent at the time of his arraignment and thus unable to afford services of an attorney at that time. The trial court, in denying the motion, stated that, after examination of the files and records, it appeared the defendant is legally imprisoned.
The applicable portion of appellant's motion reads:
This motion was prepared by the prisoner while in prison and should not be held up to scrutiny for technical niceties. Ashley v. State, Fla.App.1963, 158 So.2d 530.
The words used in the motion, 'at the time of my trial,' could only mean at the time of this prisoner's arraignment and entry of his guilty plea. The language of the motion heretofore quoted is adequate to show that the prisoner was an indigent at that time. The transcript of the proceedings before the...
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Crusoe v. State
...pauperis petitions for certiorari were granted and out of 44 in pauperis appeals, all but one were summarily dismissed).2 Hall v. State, Fla.App.1964, 160 So.2d 527; Andrews v. State, Fla.App.1964, 160 So.2d 726.3 This extended opinion is written largely to illustrate the multitude of pract......
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State v. Weeks, 32875
...assistance of counsel as a matter of right on a Rule 1 motion in the trial courts. Turner v. State, Fla.App., 161 So.2d 11; Hall v. State, Fla.App., 160 So.2d 527. In administering relief in post-conviction habeas corpus, as well as under Title 28, Section 2255, supra, the federal courts ha......
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Sardinia v. State
...here on the basis of alleged conflicts between the instant decision and the decision of the Court of Appeal, Second District, in Hall v. State, 160 So.2d 527, and the decision of the Court of Appeal, First District, in Conley v. State, 160 So.2d 752. Any possible concern over jurisdiction h......
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Gillyard v. State, 64-340
...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 the fact that the motion under Criminal Proced......