STATE EX REL. WHITED
v.
MAYO, CUSTODIAN OF FLORIDA STATE PRISON
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This case involves an appeal from a habeas corpus proceeding where the appellant argued he was denied due process because he was not provided legal counsel after pleading guilty to incest. The Florida Supreme Court affirmed the dismissal of his petition, finding the allegations insufficient.
No, the appellant was not denied due process, and his habeas corpus petition was insufficient. The court affirmed the dismissal of the petition.
“The petition is insufficient in its allegations to show that appellant is entitled, to the relief sought and the judgment of dismissal should be .affirmed on authority of Bute v. Illinois, 333 U.S. 640, 68 S.Ct. 763, 92 L.Ed. 986 and O'Connell ex rel. Kwong Han Foo v. Ward, 1 Cir., 126 F. 2d 615.”
This quote establishes the court's conclusion that the petition lacked sufficient grounds for relief and cites precedent for the dismissal.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of incest in the Criminal Court of Record of Hillsborough County, Florida, after entering a plea of guilty. He later filed…
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[*51] BUFORD, Justice.
This is an appeal by appellant in habeas corpus proceedings wherein petition was filed in the Circuit Court in and íor Alachua County after appellant was convicted on a plea of guilty to an information charging incest in the Criminal Court of Record of Hillsborough County, Florida. The petition was dismissed for insufficiency.
The contention of appellant is that he was denied due process of law in that he was ignorant of his right to have legal counsel and was not provided with such counsel in the proceedings in' the Criminal Court of Record, .supra.
The petition is insufficient in its allegations to show that appellant is entitled, to the relief sought and the judgment of dismissal should be .affirmed on authority of Bute v. Illinois, 333 U.S. 640, 68 S.Ct. 763, 92 L.Ed. 986 and O’Connell ex rel. Kwong Han Foo v. Ward, 1 Cir., 126 F. 2d 615.
It is so ordered.
Affirmed.
ROBERTS, C. J., and HOBSON and MATHEWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bute v. Illinois, 333 U.S. 640 (U.S. 1948)
- O'Connell ex rel. Kwong HAN FOO v. Ward, 126 F.2d 615 (1st Cir. 1942)