SWARTHOUT v. STATE

No. 64-145.

165 So.2d 773 (1964)

Allen Martin SWARTHOUT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

June 30, 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.


HENDRY, Judge.

Appellant, instituted proceedings in the Criminal Court of Record of Dade County, pursuant to Criminal Rule No. 1, F.S.A. ch. 924, appendix, collaterally attacking the legality of his conviction and sentence for the commission of the crime of larceny of an automobile.

The basis of appellant's motion is that the trial court erred in finding him guilty without his having had the benefit of counsel to represent him.

It affirmatively appears...

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