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FALAGON v. STATE

No. 5129.

167 So.2d 62 (1964)

Morris Morgan FALAGON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

September 9, 1964.

Attorney(s) appearing for the Case

W.D. Frederick, Jr., Public Defender, and Joseph X. DuMond, Jr., Asst. Public Defender, Orlando, for appellant.

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

WHITE, Judge.

Morris Morgan Falagon appeals an order denying his petition for post conviction relief filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. We reverse.

The trial court held that the doctrine announced in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, does not apply retroactively. It was held to the contrary in Geather v. State, Fla.App. 1964, 165 So.2d 229...

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