State v. Piehl

CALDWELL, Justice.

This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, First District,1 asserted to be in conflict with State v. O’Neal, 174 So.2d 564, 565 (Fla.App.2d 1965), Atlantic Coast Line Railroad Co. v. Baynard, 112 Fla. 544, 151 So. 5 (1933) and Jones v. State, 44 Fla. 74, 32 So. 793, 794 (Fla.1902).

Respondent pleaded guilty to, and was convicted of, assault with intent to commit murder. Subsequently, on November 9, 1963, respondent filed an “amended motion” to vacate sentence and judgment in the Circuit Court. The motion…