Jenkins v. State

PIERCE, Chief Judge.

Appellant Herman Jenkins, Jr., was convicted in the Criminal Court of Record for Polk County, Florida, of the offense of breaking and entering with intent to commit a misdemeanor, and sentenced to serve five years in the State Prison. His direct appeal to this Court was affirmed on July *88729, 1970. On September 16, 1970, Jenkins filed a motion to vacate and set aside the judgment and sentence under RCrP 3.850, 33 F.S.A. Said motion was denied, and on appeal to this Court, the order denying the motion was affirmed on March 19, 1971. On November 13, 1971, Jenkins filed another…