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DIAS v. STATE

No. 4126.

158 So.2d 766 (1963)

James DIAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied December 31, 1963.

Attorney(s) appearing for the Case

Lee Roy Horton, Jr., Public Defender, Lake Wales, for appellant.

Richard W. Ervin, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

An information was filed against the appellant, James Dias, charging him with breaking and entering with intent to commit a felony and grand larceny. He appeared at the arraignment without benefit of counsel and pleaded guilty. On December 31, 1962, after being adjudged guilty, Dias was sentenced to a term of two years in the State Penitentiary.

On May 14, 1963, the appellant filed a motion1 to vacate the judgment and...

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