Kelly v. State

CARROLL, DONALD K., Judge.

The appellant, who is serving a 15-year sentence in the state penitentiary for breaking and entering with the intent to commit grand larceny, has appealed from an order entered by the Circuit Court for Suwannee County denying his motion to vacate his sentence and conviction alleging that at his trial he was denied his constitutional right to the assistance of counsel.

The issue before us in this appeal is whether the court correctly denied the said motion in the light of the doctrine laid down by the United States Supreme Court in Gideon v. Wainwright, 372 U.S. 335,…