From Casetext: Smarter Legal Research

Bell v. State

District Court of Appeal of Florida, Second District
May 20, 1964
164 So. 2d 28 (Fla. Dist. Ct. App. 1964)

Opinion

No. 4608.

May 20, 1964.

Appeal from the Circuit Court, Pinellas County, Joseph P. McNulty, J.

Robert E. Jagger, Public Defender, Clearwater, for appellant.

James W. Kynes, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.


The appellant was arraigned, entered a plea of not guilty, tried, convicted and sentenced while represented by court-appointed counsel. His motion for relief pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, was denied without a hearing. The only allegations of fact in the motion are that the prisoner was brought before a committing magistrate for a preliminary examination of the charge against him at a time when he was insolvent and not represented by counsel. The motion did not allege any facts showing any prejudice resulting from his lack of counsel at the hearing before the magistrate, and it did not allege that anything which occurred at that hearing was used at any of the subsequent proceedings. The court correctly denied the motion without a hearing. The fact that the prisoner was not represented at the preliminary hearing is insufficient to render the judgment and sentence vulnerable to collateral attack by Criminal Procedure Rule No. 1. In Florida a preliminary hearing is not a critical stage of a criminal proceeding. Di Bona v. State, Fla.App. 1960, 121 So.2d 192.

Affirmed.

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


Summaries of

Bell v. State

District Court of Appeal of Florida, Second District
May 20, 1964
164 So. 2d 28 (Fla. Dist. Ct. App. 1964)
Case details for

Bell v. State

Case Details

Full title:LEROY JACKSON BELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 20, 1964

Citations

164 So. 2d 28 (Fla. Dist. Ct. App. 1964)

Citing Cases

Lassiter v. State

The first principal ground of the appellant's motion — that he was deprived of his constitutional right to…

Harvey v. State

The bare allegation of ineffective assistance of counsel without an allegation of prejudice to the defendant…