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Mitchell v. State

District Court of Appeal of Florida, Second District
Aug 14, 1964
167 So. 2d 27 (Fla. Dist. Ct. App. 1964)

Opinion

No. 5116.

August 14, 1964.

Appeal from the Circuit Court for Saint Lucie County, Wallace Sample, J.

Napoleon C. Mitchell, in pro. per.

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


By motion pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix filed in the lower court and by appeal from denial of that motion, appellant seeks relief upon grounds which indicate an attempt to employ Rule No. 1 as a substitute for timely appeal. The decisions in this State and analogous Federal authority are, with a single exception, not here significant, unanimous in denying relief under these circumstances. Criminal Procedure Rule No. 1 is not a substitute for appeal. Austin v. State, Fla.App. 1964, 160 So.2d 730.

Affirmed.

SMITH, C.J., and ALLEN and ANDREWS, JJ., concur.


Summaries of

Mitchell v. State

District Court of Appeal of Florida, Second District
Aug 14, 1964
167 So. 2d 27 (Fla. Dist. Ct. App. 1964)
Case details for

Mitchell v. State

Case Details

Full title:NAPOLEON C. MITCHELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 14, 1964

Citations

167 So. 2d 27 (Fla. Dist. Ct. App. 1964)

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