STATE v. DANIELS

No. 5807.

178 So.2d 44 (1965)

STATE of Florida, Appellant, v. Harvey DANIELS, Appellee.

District Court of Appeal of Florida. Second District.

August 27, 1965.


Attorney(s) appearing for the Case

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

Everett Q. Jones, Tampa, for appellee.


ALLEN, Chief Judge.

The State of Florida has appealed from an order vacating the judgment and sentence of the defendant-appellee and ordering a new trial. We reverse this order.

The defendant below pleaded guilty to a second degree murder charge on August 21, 1945. At his arraignment, he pleaded not guilty to a first degree murder charge. At trial, he changed his plea to guilty to a second degree charge. The judge sentenced him to life imprisonment.

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