Mitchell v. State, 167 So. 2d 27

PER CURIAM.'

By motion pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix filed in the lower court and by appeal from denial of that motion, appellant seeks relief upon grounds which indicate an attempt to employ Rule No. 1 as a substitute for timely appeal. The decisions in this State and analogous Federal authority are, with a single exception, not here significant, unanimous in denying relief under these circumstances. Criminal Procedure Rule No. 1 is not a substitute for appeal. Austin v. State, Fla.App.1964, 160 So.2d 730.

Affirmed.

SMITH, C. J., and ALLEN and ANDREWS, JJ., concur.

Case Details

Case Name: Mitchell v. State

Court Name: District Court of Appeal of Florida

Date Published: Aug 14, 1964

Citations: 167 So. 2d 27; No. 5116

Docket Number: No. 5116

Court Abbreviation: Fla. Dist. Ct. App.