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McCARTHY v. STATE

No. 64-899.

177 So.2d 63 (1965)

Charles W. McCARTHY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

June 29, 1965.

Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender and Phillip A. Hubbart, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and James T. Carlisle, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and TILLMAN PEARSON and SWANN, JJ.

PER CURIAM.

The trial court properly denied appellant's motion for relief pursuant to Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix, where the record shows testimony was taken after defendant's guilty plea, and defendant now contends in his motion that the court failed to take testimony to determine the degree of the crime charged pursuant to § 909.11 Fla. Stat., F.S.A. See: Sampson v. State, Fla.App. 1963, 158 So.2d 771

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