Merritt v. State, 4262
| Decision Date | 12 June 1964 |
| Docket Number | No. 4262,4262 |
| Parties | Carl Wallace MERRITT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Walter R. Talley, Public Defender, Bradenton, for appellant.
James W. Kynes, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.
Carl Wallace Merritt appeals from an order denying relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The complete record of his arraignment in October of 1962 is as follows:
In 1963 Merritt filed his motion for post-conviction relief, alleging facts to the effect that (1) he was insolvent at the time of his arraignment; (2) that he was denied compulsory process for obtaining witnesses; (3) that he was denied the right to have the assistance of counsel for his defense; (4) that at the time of arraignment he asked for counsel which was denied; (5) that at the time of arraignment the state's attorney advised him that if he would plead guilty the sentences on the two informations would run concurrently, but the court passed sentences to run consecutively; and (6) that he asked the court for leave to withdraw his plea of guilty but this was denied.
The court denied the motion without a hearing. Such a denial can be sustained only where, as stated in the rule, 'the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.' Criminal Procedure Rule No. 1. This record is not so conclusive, and particularly so when viewed in the light of the fact that the words 'defendant was advised of his constitutional rights' were written prior to the Gideon decision, wherein it was first determined that an insolvent defendant's constitutional rights included the right to court-appointed counsel. Gideon v. Wainwright, 1963, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799.
The order denying relief is reversed with directions as stated in King v. State, Fl...
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Young v. State, 5604
...to an express waiver of a constitutional right and will not preclude collateral attack on an unlawful conviction. See Merritt v. State, Fla.App. 2, 1964, 165 So.2d 245; and King v. State, Fla.App. 2, 1963, 157 So.2d 440. See generally, Note 111, U.Pa.L.Rev. 788 (1962-63). This is true in th......
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Gunn v. State, 79-2024
...and records in the case conclusively show that the prisoner is entitled to no relief . . . ." Fla.R.Crim.P. 3.850; See Merritt v. State, 165 So.2d 245 (Fla.2d DCA 1964). Since the record in this case does not conclusively refute Gunn's allegation that his plea was involuntary, he is entitle......
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Dexter v. State, 78-144
...and records in the case conclusively show that the prisoner is entitled to no relief . . . ." Fla.R.Crim.P. 3.850. See Merritt v. State, 165 So.2d 245 (Fla.2d DCA 1964). We are unable to conclude from the record on appeal that appellant is entitled to "no relief" and, therefore, we Appellan......
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Capshaw v. State, 77-1297
...intelligent and voluntary decision to enter his plea, and the effectiveness of his counsel under the circumstances. See Merritt v. State, 165 So.2d 245 (Fla.2d DCA 1964); Fla.R.Crim.P. Reversed for further proceedings consistent with this opinion. SCHEB, A. C. J., and OTT and DANAHY, JJ., c......