Mills v. State

District Court of Appeal of Florida

Mills v. State

162 So. 2d 521, 1964 Fla. App. LEXIS 4632

CourtDistrict Court of Appeal of Florida

DecidedApril 3, 1964

DocketNo. 4194

StatusPublished

This text of 162 So. 2d 521 (Mills 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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Mills v. State, 162 So. 2d 521, 1964 Fla. App. LEXIS 4632 (Fla. Ct. App. 1964).

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Opinion

PER CURIAM.

The order here appealed, summarily denying motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, is predicated on findings of fact as to matters outside the record and must be reversed. Caminita v. State, Fla. [522]*522App.1964, 159 So.2d 921. The contention, made on appeal, that the absence of an express allegation that the right to counsel was not waived is preclusive of relief cannot, in view of the clear implication of non-waiver in the allegations made, be sustained. Sampson v. State, Fla.App.1963, 158 So.2d 771.

Upon remand of the cause the lower court should proceed to a prompt disposition of the motion, including any amendments heretofore made or hereinafter timely filed, and should, if appropriate to accomplish a fair and thorough presentation of appellant’s claim, afford appellant the services of appointed counsel in such further proceedings as are necessary. State v. Weeks, Fla.1964, - So.2d-, reversing Fla.App., 156 So.2d 36.

Reversed and remanded.

ALLEN, Acting C. J., and SHANNON and WHITE, JJ., concur.

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PER CURIAM.

The order here appealed, summarily denying motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, is predicated on findings of fact as to matters outside the record and must be reversed. Caminita v. State, Fla. [522]*522App.1964, 159 So.2d 921. The contention, made on appeal, that the absence of an express allegation that the right to counsel was not waived is preclusive of relief cannot, in view of the clear implication of non-waiver in the allegations made, be sustained. Sampson v. State, Fla.App.1963, 158 So.2d 771.

Upon remand of the cause the lower court should proceed to a prompt disposition of the motion, including any amendments heretofore made or hereinafter timely filed, and should, if appropriate to accomplish a fair and thorough presentation of appellant’s claim, afford appellant the services of appointed counsel in such further proceedings as are necessary. State v. Weeks, Fla.1964, - So.2d-, reversing Fla.App., 156 So.2d 36.

Reversed and remanded.

ALLEN, Acting C. J., and SHANNON and WHITE, JJ., concur.

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162 So. 2d 521, 1964 Fla. App. LEXIS 4632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-state-fladistctapp-1964.

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