DOUZIER SHANNON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the denial of a petition for relief, holding that the absence of a preliminary hearing did not violate due process and that the appellant failed to show prejudice from not receiving indictment papers without requesting them.
No, the absence of a preliminary hearing does not violate due process, and the appellant failed to demonstrate prejudice from not receiving indictment papers without alleging he applied for them and was refused.
“A preliminary hearing was not essential to due process and a fair trial.”
Establishes the court's reasoning regarding the necessity of a preliminary hearing.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of breaking and entering and resisting an officer with violence and sentenced to seven years imprisonment. While serving h…
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On a consolidated trial for the two offenses of breaking and entering and resisting an officer with violence to his person, the appellant was convicted and sentenced to seven years imprisonment. While so serving he petitioned the criminal court of record under Criminal Rule 1, F.S.A. Ch. 924 Appendix. He sought relief on the ground that no preliminary hearing was had and because the indictment papers were not furnished him. The trial court summarily denied the petition. In so ruling the trial judge did not commit error, and we affirm. A preliminary hearing was not essential to due process and a fair trial. No prejudice was shown to have resulted from its absence. Wooten v. State, Fla.App.1964, 163 So.2d 305; Hoffman v. State, Fla.App.1964, 169 So.2d 38. The statutory provisions for furnishing a copy of an indictment or information contemplate an application therefor. §§ 906.28 and 940.04, Fla.Stat., F.S.A. The trial judge correctly viewed as insufficient an allegation that copies were not supplied, without alleging application and refusal.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Clark v. State, 174 So. 2d 773 (Fla. 3d DCA 1965)…ecially true where a defendant pleads not guilty at arraignment.2 Appellant’s contention that he was represented incompetently by counsel is without merit.3 Accordingly, the order appealed is affirmed. Affirmed. . Shannon v. State, Fla.App.1965, 172 So. 2d 479; Baugus v. State, Fla.1962, 141 So. 2d 264. . Wooten v. State, Fla.App.1964, 163 So. 2d 305. . Wooten v. State, supra note 2; Carroll v. State, Fla.App.1965, 172 So. 2d 266.…
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Grayson v. State, 191 So. 2d 587 (Fla. 3d DCA 1966)…174 So. 2d 578. This is applicable to the above contentions of the appellant claiming illegal arrest and detention and denial of counsel at a preliminary hearing. See Blake v. State, Fla. App.1964, 163 So. 2d 20, and Shannon v. State, Fla.App.1965, 172 So. 2d 479. The record discloses appellant was represented by counsel at all critical stages of the proceedings. Appellant’s contention as to illegal search and seizure was properly denied. The contention was made at the trial by a motion to suppress, and was…
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Jennings v. State, 248 So. 2d 247 (Fla. 3d DCA 1971)…ut delay following arrest. The defendant was informed against and pleaded not guilty to the charge. Therefore no prejudice is to be presumed, and none was disclosed. See Baugus v. State, Fla.1962, 141 So. 2d 264, 267; Shannon v. State, Fla.App.1965, 172 So. 2d 479; Blunt v. State, Fla.App.1967, 203 So. 2d 49, 51. The defendant’s second contention in the motion was properly regarded by the trial court to be refuted by the record, which shows an extensive and earnest defense of the cause by counsel on behalf o…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wooten v. State, 163 So. 2d 305 (Fla. 3d DCA 1964)
- Acceptance Corp. OF Fla. v. Stewart, 169 So. 2d 38 (Fla. 1st DCA 1964)
- Hoffman v. State, 169 So. 2d 38 (Fla. 1st DCA 1964)