Jackson v. State

OWEN, Judge.

Appellant is presently serving a 15-year sentence as a second offender under F.S. Section 775.09, F.S.A. By means of a motion to vacate under Rule 1.850 CrPR, 33 F.S.A., appellant brought a collateral attack on his sentence alleging the constitutional invalidity of the first (or prior) conviction. The order denying the motion to vacate, which we here review, was entered without an evidentiary hearing (on the alleged constitutional infirmity of the prior conviction) because the court found from an examination of the record of the case that at the time the appellant was brought…