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164 So. 2d 37

Davis v. State

District Court of Appeal of Florida · decided 1964-05-20

Relies on King v. State · Sampson v. State · 163 So. 2d 771 - Dixon v. State

Decided 1964-05-20

PER CURIAM.

¶1The lower court held that the motion filed under Criminal Procedure Rule No. 1 did not show a prima facie right to relief, said motion did not contain allegations of fact which expressly or implicitly negate waiver of the right to counsel.

¶2We affirm under authority of King v. State, Fla.App.1963, 157 So.2d 440; Sampson v. State, Fla.App.1963, 158 So.2d 771; Wilson v. State, Fla.App. 1964, 164 So.2d 43; and Dixon v. State, Fla.App. 1964, 163 So.2d 771.

ALLEN, Acting C. J., and. WHITE, J., concur.ANDREWS, J., dissents.
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