CHEATHAM v. STATE

No. 78-730.

364 So.2d 83 (1978)

Arthur F. CHEATHAM, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 4, 1978.


Attorney(s) appearing for the Case

Martin S. Saxon, Miami, for appellant.

Robert L. Shevin, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and BARKDULL, JJ.


PEARSON, Judge.

The appellant seeks review of the denial of his motion for relief pursuant to Fla.R. Crim.P. 3.850. The motion was denied after an evidentiary hearing. The motion alleged, and neither the record nor the evidence at the hearing refuted, that the appellant was tried and convicted of the crime of aggravated assault on March 31, 1976, while being represented by a legal intern who was assigned without the appellant's knowledge or agreement. There is the...

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