Johnson v. State

This appeal "seeks reversal of an order denying a petition under Criminal Rule 1, F.S.A. ch. 924 Appendix, which attacked a conviction and sentence for the crime of second degree murder. The judgment and sentence were entered June 18, 1964. No appeal was taken during the 90-day period allowed for such, but instead, on September IS, 1964, the defendant petitioned for relief after judgment under Criminal Rule 1.

The trial judge committed no error in denying the petition, and we affirm. The petition claimed defendant’s attorney was incompetent and challenged the sufficiency of the evidence. The…