Swarthout v. State, 64-145
| Court | Florida District Court of Appeals |
| Writing for the Court | Before BARKDULL; HENDRY |
| Citation | Swarthout v. State, 165 So.2d 773 (Fla. App. 1964) |
| Decision Date | 30 June 1964 |
| Docket Number | No. 64-145,64-145 |
| Parties | Allen Martin SWARTHOUT, Appellant, v. The STATE of Florida, Appellee. |
Robert L. Koeppel, Public Defender, and W. Eugene Neill, Asst. Public Defender, for appellant.
James W. Kynes, Jr., Atty. Gen., and Victor V. Andreevsky, Asst. Atty. Gen., for appellee.
Before BARKDULL, C. J., and CARROLL and HENDRY, JJ.
Appellant, institute proceedings in the Criminal Court of Record of Dade County, pursuant to Criminal Rule No. 1, F.S.A. ch. 924, appendix, collaterally attacking the legality of his conviction and sentence for the commission of the crime of larceny of an automobile.
The basis of appellant's motion is that the trial court erred in finding him guilty without his having had the benefit of counsel to represent him.
It affirmatively appears from the record that appellant plead guilty to the charge after he had been offered counsel by the court, and had refused to accept counsel. The trial judge correctly denied appellant relief on his motion pursuant to Rule 1 upon finding from the record that appellant understandingly and intelligently waived his right to counsel. 1
The trial judge did everything required of him to convince the accused that he should avail himself of the public defender's services. Notwithstanding these efforts, the defendant refused to accept the court's offer to appoint counsel. The court may not compel the accused to accept the services of an attorney, especially where, as here, the accused is intelligent and competent enough to understand the effect of his act. This court will not interfere with the factual finding by the trial judge where there is ample support for it in the record, as here. 2
Accordingly the judgment appealed is affirmed....
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Durcan v. State
...and, therefore, the appellant has made no error appear on the merits of the voluntariness of his waiver of jury trial. Swarthout v. State, 165 So.2d 773 (Fla.3d DCA 1964); Carroll v. State, 186 So.2d 834 (Fla.4th DCA 1966); Cash v. State, 207 So.2d 18 (Fla.3d DCA Therefore, the order under ......
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Cappetta v. State
...in itself constitute an infringement of an accused's constitutional rights. Cook v. State, Fla.App.1964, 167 So.2d 793; Swarthout v. State, Fla.App.1964, 165 So.2d 773. The accused may waive his constitutional right to assistance of counsel if he knows what he is doing and his choice is mad......
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Cash v. State
...v. State, supra. Unless there is no substantial evidence to support his conclusions, the trial judge will be affirmed. Swarthout v. State, Fla.App.1964, 165 So.2d 773; Carroll v. State, Fla.App.1966, 186 So.2d 834. The trial judge failed to find that perjured testimony was involved. A revie......
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Key v. State
...Fla.1962, 147 So.2d 137; Marti v. State, Fla.App.1964, 163 So.2d 506; Gibson v. State, Fla.App.1965, 173 So.2d 766; Swarthout v. State, Fla.App.1964, 165 So.2d 773; Williams v. State, Fla.App.1965, 174 So.2d 97. The defendant's third contention, relating to waiver of counsel was equally wit......
