SAMPSON v. STATE

No. 4093.

158 So.2d 771 (1963)

Arthur V. SAMPSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

December 20, 1963.


Attorney(s) appearing for the Case

Joseph G. Spicola, Jr., Public Defender, Marcus A. Wilkinson, III, Asst. Public Defender, Tampa, for appellant.

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


ALLEN, Acting Chief Judge.

Appellant, convicted upon a plea of guilty to the abominable and detestable crime against nature, was sentenced to five years' imprisonment in February of 1963. On April 17, 1963, appellant, invoking Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, moved to vacate and set aside the sentence. Five days later the motion was denied and this appeal ensued.

The record of the original criminal proceedings reveals that pursuant to...

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