McClendon v. State

District Court of Appeal of Florida

McClendon v. State

164 So. 2d 28, 1964 Fla. App. LEXIS 4249

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 1964

DocketNo. 4610

StatusPublished

This text of 164 So. 2d 28 (McClendon 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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McClendon v. State, 164 So. 2d 28, 1964 Fla. App. LEXIS 4249 (Fla. Ct. App. 1964).

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Opinion

PER CURIAM.

Appellant’s motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, denied in an order here appealed, fails to allege facts constituting a claim for relief under the aforementioned Rule. Although it appears that the lower court’s order denying the motion was based in part on matters dehors the record, we must, because of the aforementioned insufficiency of the motion, affirm. Cf. Webster v. State, Fla.App.1963, 156 So.2d 890.

Affirmed.

SMITH, C. J., and ALLEN and ANDREWS, JJ., concur.

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PER CURIAM.

Appellant’s motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, denied in an order here appealed, fails to allege facts constituting a claim for relief under the aforementioned Rule. Although it appears that the lower court’s order denying the motion was based in part on matters dehors the record, we must, because of the aforementioned insufficiency of the motion, affirm. Cf. Webster v. State, Fla.App.1963, 156 So.2d 890.

Affirmed.

SMITH, C. J., and ALLEN and ANDREWS, JJ., concur.

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164 So. 2d 28, 1964 Fla. App. LEXIS 4249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclendon-v-state-fladistctapp-1964.

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