Hicks v. State

James B. Hicks appeals an order denying his petition for post conviction relief filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. In layman’s language the petitioner alleged that he was adjudged guilty and sentenced without assistance of counsel at a time when he was indigent and could not afford counsel.

The petition did not allege that the movant was convicted of a felony and was presently in custody. It also failed to allege in substance that the movant did not intelligently and competently waive his right to counsel. As observed in Dixon v. State, Fla.App.1964,…