Porter v. State

ALLEN, Acting Chief Judge.

The appellant, Charles A. Porter, appeals from an order denying a second motion to vacate and set aside judgment, conviction and sentence under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, rendered April 28, 1967.

The defendant Porter was found guilty of rape, but the jury’s verdict recommended mercy. The lower court sentenced the defendant to 30 years confinement in the State Prison.

On May 12, 1966, the defendant filed a motion to vacate and set aside the judgment, conviction and sentence on the basis that his conviction was improper, illegal and involved…