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167 So. 2d 335

Frisby v. State

District Court of Appeal of Florida

Decided September 22, 1964

District Court of Appeal of Florida · decided 1964-09-22

Cited by 1 later decisions — most recently March 1965

Relies on 156 So. 2d 890 - Webster v. State · Blake v. State · McNeal v. Culver

Good law ✅— No negative treatment on recordhow we know

Decided 1964-09-22

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PER CURIAM.

¶1This appeal is from an order denying a motion under Criminal Procedure Rulé 1, F.S.A. ch. 924 Appendix, which collaterally attacked a judgment and sentence based on the defendant’s plea of guilty to the crime of robbery. The grounds relied on were that the defendant was not furnished with copy of the indictment or information and that he was not represented by counsel at the preliminary hearing. The motion failed to state a basis for relief under Criminal Rule 1, and the trial judge was eminently correct in so holding.

¶2The requirement to. furnish a defendant with a copy of the indictment or information is not jurisdictional. Moreover, as the defendant was represented by counsel on the arraignment it can be assumed that he or- his counsel were adequately advised as to the information. See McNeal v. Culver, Fla.1959, 113 So.2d 381. The allegation in the motion under Criminal Procedure Rule 1 to the effect that the defendant was not represented by counsel at the preliminary hearing was properly held by the trial judge not to constitute a valid ground for collateral attack (assuming but not deciding that it otherwise could be), where at the time of arraignment, when the defendant pleaded guilty, he was represented by counsel. See Rash v. State, Fla.App.1964, 162 So.2d 311; Webster v. State, Fla.App.1963, 156 So.2d 890; Blake v. State, Fla.App.1964, 163 So.2d 20.

¶3Affirmed.

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