161 SO2D 714 - Everett v. State

How this case has been cited

Cited by 27 later decisions — most recently May 1981 · most notably Simpson v. State (1964), Edwards v. State (1981)

1 federal appellate · 26 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Robert L. Koeppel, Public Defender, and W. Eugene Neill, Asst. Public Defender, for appellant.

¶2James W. Kynes, Jr., Atty. Gen., and Victor V. Andreevsky, Asst. Atty. Gen., for appellee.

¶3Before BARKDULL, C.J., and HORTON and TILLMAN PEARSON, JJ.

¶4PER CURIAM.

¶5This appeal is from an order denying the appellant's motion to vacate or set aside a judgment and sentence pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.

¶6The appellant's petition in the trial court alleged that he was "without proper counsel … at his trial …." The appellant was tried, convicted and sentenced in 1936.

¶7We are unaware of any constitutional basis upon which an inquiry could be made into the competency of counsel employed by non-indigent defendants convicted of crimes, nor do we understand that it is one of the functions of Rule 1 to try the competency of such counsel. The record before us demonstrates that the appellant was represented at every phase of his prosecution by counsel of his own choice, from arraignment to sentence. The order appealed is hereby affirmed.

¶8Affirmed.