Spencer v. State

Appellant seeks reversal of an order of the criminal court of record of Dade County denying his motion, filed under Rule 3.850 CrPR, 33 F.S.A., for relief from a conviction.

On December 6, 1967, the appellant was convicted of breaking and entering a dwelling, and of grand larceny, and was sentenced to imprisonment in the state prison for a period of four years. He appealed, and this court affirmed on July 16, 1968 (212 So.2d 805). The Supreme Court of Florida denied certiorari.

Thereafter, on November 21, 1970, the appellant filed his motion under Rule 3.850 CrPR in the trial court. Thereby he…