Barker v. State

Full title: CLYDE A. BARKER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jan 15, 1964

159 So. 2d 676 (Fla. Dist. Ct. App. 1964)

Opinion

No. 4278.

January 15, 1964.

Appeal from Criminal Court of Record, Hillsborough County; D. Newcomb Barco, Judge.

Joseph G. Spicola, Jr., Public Defender, Tampa, for appellant.

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

PER CURIAM.

This appeal is under the appellant's motion to vacate or set aside judgment and sentence pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 App. In view of the fact that we have already passed upon similar questions, suffice it to say that on the appellant's appeal the Criminal Court of Record is reversed upon authority of King v. State, Fla.App. 1963, 157 So.2d 440; Keur v. State, Fla.App. 1963, 160 So.2d 546; Sampson v. State, Fla.App. 1963, 158 So.2d 771; and Pitts v. State, Fla.App. 1963, 158 So.2d 763.

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