Opinion
No. 4553.
June 10, 1964.
Appeal from the Circuit Court of Pinellas County; Joseph P. McNulty, Judge.
Robert E. Jagger, Public Defender, Joseph F. McDermott, Asst. Public Defender, Clearwater, for appellant.
James W. Kynes, Atty. Gen., Tallahassee, Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.
This appeal is from an order of the trial court denying a motion for post conviction relief. The motion was deficient in failing to allege the insolvency of the appellant.
The order appealed is affirmed without prejudice to the appellant to file a motion under Criminal Procedure Rule No 1, F.S.A. ch. 924 Appendix alleging facts, if he can, showing his entitlement to relief.
Affirmed.
WHITE, Acting C.J., and ANDREWS and KANNER, (Ret.), JJ., concur.