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MILLS v. STATE

No. 4194.

162 So.2d 521 (1964)

Eldon E. MILLS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

April 3, 1964.

Attorney(s) appearing for the Case

Walter R. Talley, Public Defender, Bradenton, for appellant.

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

PER CURIAM.

The order here appealed, summarily denying motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, is predicated on findings of fact as to matters outside the record and must be reversed. Caminita v. State, Fla. App. 1964, 159 So.2d 921. The contention, made on appeal, that the absence of an express allegation that the right to counsel was not waived...

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