Hyder v. State

District Court of Appeal of Florida

Hyder v. State

214 So. 2d 76, 1968 Fla. App. LEXIS 4931

CourtDistrict Court of Appeal of Florida

DecidedSeptember 17, 1968

DocketNo. 68-57

StatusPublished

This text of 214 So. 2d 76 (Hyder 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.

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Hyder v. State, 214 So. 2d 76, 1968 Fla. App. LEXIS 4931 (Fla. Ct. App. 1968).

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Opinion

PER CURIAM.

Appellant’s motion in the trial court for relief pursuant to Rule 1.850, Florida Rules of Criminal Procedure, 33 F.S.A., w.as based upon the grounds that (1) he was indigent, and (2) he was not offered or furnished the assistance of counsel at the time of his guilty plea. An examination of the files and records before us conclusively shows that the second ground for relief is false. We therefore affirm this appeal from the order denying relief.

We note also that this appeal is subject to dismissal pursuant to the rule set forth in Frappied v. State, Fla.App.1964, 163 So.2d 502, that relief under Criminal Rule One (now Rule 1.850, Florida Rules of Criminal Procedure) would not be available to an appellant not in custody under sentence of the lower court. But since that point was not presented in the State’s brief, we do not act upon it.

Affirmed.

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PER CURIAM.

Appellant’s motion in the trial court for relief pursuant to Rule 1.850, Florida Rules of Criminal Procedure, 33 F.S.A., w.as based upon the grounds that (1) he was indigent, and (2) he was not offered or furnished the assistance of counsel at the time of his guilty plea. An examination of the files and records before us conclusively shows that the second ground for relief is false. We therefore affirm this appeal from the order denying relief.

We note also that this appeal is subject to dismissal pursuant to the rule set forth in Frappied v. State, Fla.App.1964, 163 So.2d 502, that relief under Criminal Rule One (now Rule 1.850, Florida Rules of Criminal Procedure) would not be available to an appellant not in custody under sentence of the lower court. But since that point was not presented in the State’s brief, we do not act upon it.

Affirmed.

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214 So. 2d 76, 1968 Fla. App. LEXIS 4931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hyder-v-state-fladistctapp-1968.

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