LEVI R. MCCLENDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEVI R. MCCLENDON, APPELLANT,
STATE OF FLORIDA, APPELLEE
260 So. 2d 255
Florida District Court of Appeal, Fourth District (1972)
Positive Treatment
Cited by 2 cases
Opinion of the Court
This is an appeal from the denial of a motion under Rule 3.850, CrPR, 33 F.S.A., to vacate a judgment and sentence imposed on defendant following a plea of guilty to aggravated assault. The motion alleged as the ground for relief that defendant was without counsel at the time he pled guilty. This allegation standing alone is insufficient to show a right to relief under Rule 3.850, CrPR. On this basis only we affirm the appealed order. Rose v. State, Fla.App. 1970, 235 So.2d 353.
Affirmed.
REED, C. J., and OWEN and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCLENDON v. Louie L. Wainwright, 280 So. 2d 703 (Fla. 4th DCA 1973)…oner filed his motion to vacate judgment and sentence alleging as ground for relief that he was without counsel at the time he pled guilty. The motion was denied by order of July 28, and on appeal therefrom, McClendon v. State, Fla. [*704] App.1972, 260 So. 2d 255, we stated as follows : “The motion alleged as the ground for relief that defendant was without counsel at the time he pled guilty. This allegation standing alone is insufficient to show a right to relief under Rule 3.850 CrPR. On this basis only w…1 / 2
Authorities Cited
- Rose v. State, 235 So. 2d 353 (Fla. 3d DCA 1970)