Opinion
No. 4497.
May 1, 1964.
Appeal from the Criminal Court of Record of Polk County; Roy H. Amidon, Judge.
Lee Roy Horton, Jr., Public Defender, and Kingswood Sprott, Jr., Asst. Public Defender, Lake Wales, for appellant.
James W. Kynes, Atty. Gen., Tallahassee, Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.
Appellant's motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix denied in an order here appealed, fails to state a claim for relief under the aforementioned Rule. The denial based on this insufficiency must be affirmed. Necessarily our judgment, like that of the lower court, is without prejudice to any future application for relief on any other claim cognizable under the Rule.
Affirmed.
ALLEN, Acting C.J., and SHANNON and WHITE, JJ., concur.