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GILLEN v. STATE

No. 5565.

172 So.2d 1 (1965)

John Patrick GILLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

February 17, 1965.

Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, and Robert E. Pyle, Asst. Public Defender, Clearwater, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

ALLEN, Acting Chief Judge.

The appellant appeals from an order entered the 10th day of September, 1964, denying his motion under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.

In his order denying the motion, the judge stated:

"This cause came on to be heard on defendant's Motion filed pursuant to Criminal Procedure, Rule No. 1; and it appears from the said Motion and from the records of this Court...

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