Walden v. State

Defendant-appellant seeks review of the trial court’s order denying his second motion to vacate pursuant to RCrP 3.850, 33 F.S.A.

In 1969, defendant was informed against for (1) robbery and (2) assault with intent to commit murder, tried by jury, found guilty as charged and sentenced to serve 30 years on the robbery charge and five years on the assault charge, the sentences to run consecutively.

Thereafter, on July 27, 1972 defendant • filed a motion to vacate judgment and sentence pursuant to RCrP 3.850. Attached thereto was the sworn affidavit of one Floyd Perkins who admitted therein that he…