Wells v. State

This appeal is from a final order denying appellant’s motion for relief filed pursuant to Criminal Rule No. 1, F.S.A. Ch. 924 Appendix.

The appellant was indicted for murder in the First Degree on March 13, 1956. The jury rendered a verdict of guilty without a recommendation for mercy and appellant was sentenced to death. The appellant appealed this conviction to the Supreme Court, which reversed and remanded the case for a new trial. See Wells v. State, Fla., 98 So.2d 795 (1957).

Subsequently appellant entered a plea of guilty as charged and, upon a recommendation of mercy by the state…