Auflick v. State

Full title: THOMAS J. AUFLICK, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jan 6, 1964

158 So. 2d 767 (Fla. Dist. Ct. App. 1964)

Opinion

No. 4255.

December 18, 1963. Certiorari Denied January 6, 1964.

Appeal from the Criminal Court of Record for Hillsborough County, Carl C. Durrance, J.

Marcus A. Wilkinson, III, Asst. Public Defender, Tampa, for appellant.

Richard W. Ervin, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

The 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. The 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."

Affirmed.

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