Mascarel v. State

Full title: EARL LARRY MASCAREL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: May 17, 1967

198 So. 2d 649 (Fla. Dist. Ct. App. 1967)

Opinion

No. 7473.

May 17, 1967.

Appeal from Criminal Court of Record, Hillsborough County; Walter N. Burnside, Jr., Judge.

Joseph G. Spicola, Jr., Public Defender, and Richard C. Edwards, Asst. Public Defender, Tampa, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

Appellant appeals from the trial court's denial of his Criminal Procedure Rule No. 1 motion, F.S.A. ch. 924 Appendix. We affirm the trial court on the authority of Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966), wherein the United States Supreme Court held that Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964), and Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), should not be given retroactive effect.

Affirmed.

ALLEN, C.J., and SHANNON and LILES, JJ., concur.