Davis v. State

Full title: WILLIE GENE DAVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: May 20, 1964

164 So. 2d 37 (Fla. Dist. Ct. App. 1964)

Opinion

No. 4302.

May 20, 1964.

Appeal from the Circuit Court for Manatee County; Robert E. Hensley, 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 lower court held that the motion filed under Criminal Procedure Rule No. 1 did not show a prima facie right to relief, said motion did not contain allegations of fact which expressly or implicitly negate waiver of the right to counsel.

We affirm under authority of King v. State, Fla.App. 1963, 157 So.2d 440; Sampson v. State, Fla.App. 1963, 158 So.2d 771; Wilson v. State, Fla.App. 1964, 164 So.2d 43; and Dixon v. State, Fla.App. 1964, 163 So.2d 771.

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

ANDREWS, J., dissents.