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Devanney v. State

District Court of Appeal of Florida, Second District
Jun 10, 1964
165 So. 2d 265 (Fla. Dist. Ct. App. 1964)

Opinion

No. 4306.

June 10, 1964.

Appeal from the Criminal Court of Record for Palm Beach County, Russell H. McIntosh, J.

John R. Williams, West Palm Beach, for appellant.

James W. Kynes, Atty. Gen., Tallahassee, Victor V. Andreevsky, Asst. Atty. Gen., Miami, for appellee.


The appellant seeks reversal of an order of the trial court denying his motion for post conviction relief filed under the provisions of Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.

The record before us does not affirmatively show that the appellant was represented by counsel or that he intelligently and understandingly waived the right to counsel at the time of his arraignment and sentence during which he was allegedly indigent. See Phillips v. State, Fla.App. 1964, 164 So.2d 858, Second District.

The order appealed is accordingly reversed and the cause remanded for further appropriate proceedings.

Reversed and remanded.

WHITE, Acting C.J., and ANDREWS and KANNER (Ret.), JJ., concur.


Summaries of

Devanney v. State

District Court of Appeal of Florida, Second District
Jun 10, 1964
165 So. 2d 265 (Fla. Dist. Ct. App. 1964)
Case details for

Devanney v. State

Case Details

Full title:JOSEPH E. DEVANNEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 10, 1964

Citations

165 So. 2d 265 (Fla. Dist. Ct. App. 1964)

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