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158 So. 2d 767

Auflick v. State

District Court of Appeal of Florida

Decided December 18, 1963

District Court of Appeal of Florida · decided 1963-12-18

Cited by 4 later decisions — most recently November 1964

4 state decisions

Relies on Gideon v. Wainwright · 156 So. 2d 566 - Savage v. State · 158 So. 2d 766 - Dias v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1963-12-18

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PER CURIAM.

¶1The appellant, seeking post conviction relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 App., failed to allege that he was insolvent and unable to obtain counsel at the time he entered his plea. *768The motion, therefore, was legally insufficient. Savage v. State, Fla.App.1963, 156 So.2d 566. See also Dias v. State, Fla.App., 158 So.2d 766, wherein the court said:

“The right to counsel under the decision in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), extends only to a person who is financially unable to employ counsel.”

¶2Affirmed.

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