MILLER v. STATE

No. 66-358.

193 So.2d 647 (1967)

James John MILLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

January 17, 1967.


Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender and Donald Wheeler Jones, Sp. Asst. Public Defender, for appellant.

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

Before HENDRY, C.J., and PEARSON and SWANN, JJ.


PER CURIAM.

The appellant filed a motion to vacate pursuant to Criminal Procedure Rule I, F.S.A. ch. 924 Appendix. The trial court assumed the verity of the following allegation:

"Now the defendant respectfully contends that he requested his state appointed counsel to enter a notice of appeal in this cause and prosecute same. Further, that his counsel promised to do so and did exactly nothing, thus causing the defendant to loose his organic right to appeal...

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