McClendon v. State

164 So. 2d 28, 1964 Fla. App. LEXIS 4249
District Court of Appeal of Florida·Decided May 20, 1964·No. No. 4610·Published

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

164 So. 2d 28 (McClendon v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Webster v. State
156 So. 2d 890 (District Court of Appeal of Florida, 1963)