Brooks v. State

This is an appeal from an order denying appellant’s motion to vacate judgment and sentence filed pursuant to Criminal Procedure Rule One, Chapter 924, F.S.A., Appendix.

A review of the record and briefs filed herein reveals that the appellant filed his motion to vacate at a time when there was pending a review of this court’s affirmance of his conviction on direct appeal, reported at 192 So.2d 96, cert. denied, Fla., 196 So.2d 920. The review proceedings pending consisted of a petition for writ of certiorari filed in the United States Supreme Court.

In Grizzell v. State, 187 So.2d 342, we held…