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Mitchell v. State

167 So. 2d 27
CourtDistrict Court of Appeal of Florida
DecidedAugust 14, 1964
DocketNo. 5116
StatusPublished
Cited by8 cases

This text of 167 So. 2d 27 (Mitchell 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.

Bluebook
Mitchell v. State, 167 So. 2d 27 (Fla. Ct. App. 1964).

Opinion

PER CURIAM.'

By motion pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix filed in the lower court and by appeal from denial of that motion, appellant seeks relief upon grounds which indicate an attempt to employ Rule No. 1 as a substitute for timely appeal. The decisions in this State and analogous Federal authority are, with a single exception, not here significant, unanimous in denying relief under these circumstances. Criminal Procedure Rule No. 1 is not a substitute for appeal. Austin v. State, Fla.App.1964, 160 So.2d 730.

Affirmed.

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

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Harrington v. State
388 So. 2d 34 (District Court of Appeal of Florida, 1980)
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256 So. 2d 40 (District Court of Appeal of Florida, 1971)
Bretti v. State
239 So. 2d 527 (District Court of Appeal of Florida, 1970)
Suarez v. State
220 So. 2d 442 (District Court of Appeal of Florida, 1969)
Johnson v. State
183 So. 2d 862 (District Court of Appeal of Florida, 1966)
Crusoe v. State
183 So. 2d 600 (District Court of Appeal of Florida, 1966)
Wilcox v. State
171 So. 2d 427 (District Court of Appeal of Florida, 1965)

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Bluebook (online)
167 So. 2d 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-state-fladistctapp-1964.