Chayter v. State
This text of 176 So. 2d 382 (Chayter v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The appellant, defendant in the trial court, seeks review of an adverse order on his petition for post-conviction relief, pursuant to the provisions of Criminal Procedure Rule No. 1 F.S.A. ch. 924 Appendix. In contending that the trial judge committed error in entering the order on the petition, the only point preserved for review on appeal concerns the admissibility of evidence at the time of the original trial.
[383]*383The appellant was originally informed against in three separate informations. He pleaded not guilty, retained his own counsel and, following a trial, was duly convicted and adjudicated guilty. The propriety of the admission of evidence in the original trial is not available in a collateral proceeding under Criminal Procedure Rule No. 1. See and compare: Austin v. State, Fla.App.1964, 160 So.2d 730; Duncan v. State, Fla.App.1964, 161 So.2d 718.
Therefore, the order here under review is hereby affirmed.
Affirmed.
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Cite This Page — Counsel Stack
176 So. 2d 382, 1965 Fla. App. LEXIS 4277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chayter-v-state-fladistctapp-1965.