McCall v. State

Full title: JAMES F. McCALL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Apr 3, 1964

162 So. 2d 526 (Fla. Dist. Ct. App. 1964)

Opinion

No. 4203.

April 3, 1964.

Appeal from Circuit Court for Sarasota County; John D. Justice, Judge.

Walter R. Talley, Public Defender, Bradenton, for appellant.

James W. Kynes, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

The appealed order, denying application for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, was predicated on insufficiency of allegation in the motion for relief and must be affirmed. See Dias v. State, Fla.App. 1963, 158 So.2d 766. Since the disposition of the motion in the lower court did not reach the merits of appellant's claim, the order and our affirmance are without prejudice to any subsequent proceedings on proper motion under Criminal Procedure Rule No. 1. See Sanders v. United States, 373 U.S. 1, 83 S.Ct. 1068, 10 L.Ed.2d 148 (1963).

Affirmed.

ALLEN, Acting C.J., and SHANNON and WHITE, JJ., concur.