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STACEY v. STATE

No. 4553.

165 So.2d 222 (1964)

Anthony Walter STACEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

June 10, 1964.

Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, Joseph F. McDermott, Asst. Public Defender, Clearwater, for appellant.

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

PER CURIAM.

This appeal is from an order of the trial court denying a motion for post conviction relief. The motion was deficient in failing to allege the insolvency of the appellant.

The order appealed is affirmed without prejudice to the appellant to file a motion under Criminal Procedure Rule No 1, F.S.A. ch. 924 Appendix alleging facts, if he can, showing his entitlement to relief.

Affirmed.

WHITE, Acting C.J., and ANDREWS and KANNER, ...

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