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HAMILTON v. STATE

No. 1901.

214 So.2d 26 (1968)

Guss HAMILTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied September 30, 1968.

Attorney(s) appearing for the Case

Walter N. Colbath, Jr., Public Defender, West Palm Beach, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and James M. Adams, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Defendant, Guss Hamilton, appeals a summary denial of his motion to vacate judgment and sentence pursuant to Criminal Procedure Rule One (now 1.850, Rules of Criminal Procedure, 33 F.S.A.). We reverse.

Defendant's motion alleges that he was not advised of his constitutional right to be represented by counsel. The trial court grounded its summary denial on the absence of any allegation of indigency citing King v. State, Fla.App. 1963,

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