BYERS v. STATE

No. 63-755.

163 So.2d 57 (1964)

Richard BYERS, a/k/a Richard Ampollinl, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 6, 1964.


Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, and W. Eugene Neill, Asst. Public Defender, for appellant.

James W. Kynes, Jr., Atty. Gen., and Victor V. Andreevsky, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and CARROLL and HENDRY, JJ.


CARROLL, Judge.

The appellant was convicted of robbery in a non-jury trial in 1960, and was sentenced to be confined for five years. In July of 1963 he filed a motion to vacate the judgment and for new trial under Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix. Without a formal hearing such as would permit the taking of testimony the trial court denied the motion, and this appeal followed.

The motion set forth a number of grounds, including one on which...

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