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SMITH v. STATE

No. 64-508.

176 So.2d 383 (1965)

Willie Thomas SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

June 22, 1965.

Attorney(s) appearing for the Case

Willie Thomas Smith, in pro. per.

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for appellee.

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

PER CURIAM.

The appellant was charged in a two-count information with breaking and entering a dwelling and with grand larceny. Subsequent to a non-jury trial on a plea of not guilty, the appellant was found guilty and sentenced to four years in the State penitentiary.

On March 16, 1964, he filed an unlabeled paper which the trial court treated as a petition to vacate under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Said document alleges that the...

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