212 So. 2d 814 | Fla. Dist. Ct. App. | 1968
Appellant seeks review of an order rendered by the trial court denying his motion filed pursuant to the provisions of Criminal Procedure Rule 1.850, 33 F.S.A. to vacate and set aside a judgment of conviction and sentence rendered against him on November 21, 1963.
Appellant was charged with and convicted by a jury for the offense of murder in the first degree with a recommendation of mercy. On December 16, 1963, he was adjudged guilty and sentenced to a life term of imprisonment in the state prison. At no point in these proceedings was appellant adjudged insolvent, but on the contrary was represented throughout the trial and sentencing by attorneys of his own choice employed by him.
Neither appellant nor anyone acting on his behalf filed a notice of appeal from the judgment and sentence here assaulted. Instead, appellant wrote a letter to the chief judge of this court advising that although he had been represented by privately employed counsel during the trial, he was no longer financially able to con
The motion for post conviction relief against the 1963 judgment and sentence imposed on appellant was filed in the trial court on September 2, 1967. Appellant’s sole ground urged in support of his motion is that he was denied the right to the appointment of counsel to represent him on an appeal from his judgment of conviction rendered approximately four years earlier in the circuit court of St. Johns County. The public defender was appointed by the court to represent appellant, and the state attorney was directed to file a response to the motion setting forth the State’s position in reply to the contentions urged by appellant. Upon consideration of appellant’s motion for relief, and the response thereto filed by the State of Florida, the trial court rendered the order appealed herein which found that appellant was not entitled to the relief sought, and ordering that the petition be dismissed.
There can be no question but that an indigent defendant convicted of a felony in this state is entitled to have counsel appointed by the court to represent him at state expense in any appeal he may wish to take from his judgment of conviction and sentence, provided his right to counsel is not voluntarily and knowingly waived.
Appellant having failed to demonstrate error, the order appealed is affirmed.
. DeMotte v. State (Fla.App.1967), 203 So.2d 662;
State v. Weeks (Fla.1964), 166 So.2d 892; Douglas v. People of State of California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811, reh. den. 373 U.S. 905, 83 S.Ct. 1288, 10 L.Ed.2d 200.
. Hollingshead v. Wainwright (Fla.1967), 194 So.2d 577.