Browning v. State

SCHEB, Judge.

This is an appeal from an order of the lower court denying a motion to vacate and set aside judgment and sentence pursuant to RCrP 3.850.

On July 24, 1972, appellant voluntarily entered a plea of guilty to a charge of third degree murder and was sentenced to a term of fifteen years imprisonment. On September 1, 1972, appellant filed a motion pursuant to RCrP 3.850 alleging he was incompetent to stand trial at the time of his pica. The motion was denied without an evidentiary hearing and such denial was affirmed by this court on May 9, 1973. Browning v. State, Fla.App.2d 1973, 277…