District Court of Appeal of Florida, Second DistrictMar 7, 1969
220 So. 2d 47 (Fla. Dist. Ct. App. 1969)

No. 68-468.

March 7, 1969.

Appeal from Criminal Court of Record, Polk County; Roy H. Amidon, Judge.

Lee R. Horton, Jr., Public Defender, Lake Wales, and Robert L. Trohn, Asst. Public Defender, Lakeland, for appellant.

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

This appeal, from denial of a Rule 1.850, 33 F.S.A., motion, is without merit and we summarily affirm.

Pending the disposition of the appeal, however, defendant filed an original "Application for Writ of Mandamus" in this court, and it was included in the record of this appeal. In view of the disposition of the appeal herein the matters set forth in the Petition for Mandamus are moot, and the same is hereby denied.


LILES, C.J., and PIERCE and McNULTY, JJ., concur.