Howard v. State

Full title: ELLIS HOWARD, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 26, 1964

164 So. 2d 229 (Fla. Dist. Ct. App. 1964)

Opinion

No. 63-802.

May 26, 1964.

Appeal from the Criminal Court of Record for Dade County, Gene Williams, J.

Robert L. Koeppel, Public Defender, and W. Eugene Neill, Asst. Public Defender, for appellant.

James W. Kynes, Jr., Atty. Gen., and Leonard R. Mellon, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and CARROLL and TILLMAN PEARSON, JJ.

PER CURIAM.

The trial court denied appellant's petition for relief under Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix. The order is affirmed upon authority of the rule stated in Simpson v. State, Fla.App. 1964, 193 So.2d 224, [opinion filed May 19, 1964]. Appellant's lack of counsel at the preliminary hearing did not constitute a critical stage in this case. Blake v. State, Fla.App. 1964, 163 So.2d 20, [opinion filed March 31, 1964]. See also Harris v. State, Fla. 1964, 162 So.2d 262, [opinion filed March 25, 1964].

Affirmed.