DALLAS v. STATE

No. 68-575.

229 So.2d 891 (1969)

Ernest DALLAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

December 19, 1969.


Attorney(s) appearing for the Case

S. Colquitt Pardee, Avon Park, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Morton J. Hanlon, Asst. Atty. Gen., Lakeland, for appellee.


HOBSON, Chief Judge.

Appellant appeals an order denying his motion to vacate filed under CrPR 1.850, 33 F.S.A.

The appellant argues that he should not have been sentenced as a second offender under § 775.09, Fla. Stat., F.S.A., as he was not represented by counsel at the time he was sentenced on the judgment of conviction of a felony, which conviction is the basis upon which he became punishable as a second offender under § 775.09, Fla. Stat., F...

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