McClendon v. State

Full title: LEVI R. McCLENDON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 11, 1972

260 So. 2d 255 (Fla. Dist. Ct. App. 1972)

Opinion

No. 71-797.

April 11, 1972.

Appeal from the Criminal Court of Record for Palm Beach County, Russell H. McIntosh, J.

Walter N. Colbath, Jr., Public Defender, and Charles W. Musgrove, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Nelson E. Bailey, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

This is an appeal from the denial of a motion under Rule 3.850, CrPR, 33 F.S.A., to vacate a judgment and sentence imposed on defendant following a plea of guilty to aggravated assault. The motion alleged as the ground for relief that defendant was without counsel at the time he pled guilty. This allegation standing alone is insufficient to show a right to relief under Rule 3.850, CrPR. On this basis only we affirm the appealed order. Rose v. State, Fla.App. 1970, 235 So.2d 353.

Affirmed.

REED, C.J., and OWEN and MAGER, JJ., concur.