Battles v. State

CHARLES CARROLL, Chief Judge.

On March 26, 1965, the appellant was adjudged guilty of robbery, and of assault with intent to commit a felony, to-wit: manslaughter. Concurrent ten-year sentences were imposed. No appeal was taken. On October 13, 1965, this appellant filed a motion in the trial court for relief under Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix, in which it was contended that the public defender had refused to appeal from his conviction. The trial court treated the motion as one for new trial, and after an evidentiary hearing reserved ruling thereon. On February 21, 1966, a…