Cardwell v. State

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

Court: District Court of Appeal of Florida, First District

Date published: Mar 31, 1964

162 So. 2d 681 (Fla. Dist. Ct. App. 1964)

Opinion

No. E-377.

March 31, 1964.

Appeal from Court of Record for Escambia County; M.C. Blanchard, Judge.

George G. Phillips, Jr., Public Defender, for appellant.

James W. Kynes, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for appellee.

PER CURIAM.

Affirmed. See Dykes v. State, Fla.App. 162 So.2d 675.

STURGIS, C.J., and WIGGINTON, J., concur.

CARROLL, DONALD K., J., dissents.

CARROLL, DONALD K., Judge (dissenting).

I dissent for the reasons stated in my dissenting opinion in Dykes v. State, Fla. App., 162 So.2d 675. I think that the appellant should have been given an opportunity to present evidence on the issue as to whether he competently and intelligently waived his right to counsel at the trial.