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HOFFMAN v. STATE

No. 4378.

163 So.2d 797 (1964)

Earl Frank HOFFMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

May 8, 1964.

Attorney(s) appearing for the Case

Joseph X. DuMond, Jr., Assistant Public Defender, Orlando, for appellant.

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

PER CURIAM.

Earl Frank Hoffman appeals an order denying his motion to vacate judgment and sentence filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Appellant's motion failed to allege that he was indigent and unable to employ counsel at the time he entered his plea. The motion therefore was legally insufficient. See Dias v. State, Fla.App. 1963, 158 So.2d 766; Savage v. State, Fla.App. 1963,

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