Mitchell v. State

District Court of Appeal of Florida

Decided August 14, 1964

District Court of Appeal of Florida · decided 1964-08-14

Relies on 160 So. 2d 730 - Austin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1964-08-14

How this case has been cited

Cited by 7 later decisions — most recently September 1980

7 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.

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PER CURIAM.'

¶1By 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.

¶2Affirmed.

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