Smith v. State

JOHNSON, Judge.

This appeal is from a denial of a motion filed by appellant Smith pursuant to Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix. Smith was convicted of robbery and is presently serving a sentence for such offense.

Smith filed a Rule 1 motion containing several grounds upon which he relies to support his view that his conviction and sentence should be set aside. Such motion was denied without a hearing by the trial court. With the exception of the allegation that he was not represented by counsel which we will discuss herein, we find that the motion was without merit and the…