Carter v. State

Appellant, on an indictment for first degree murder, was found guilty of second degree murder. He appealed and the judgment and sentence were affirmed by this court. See Carter v. State, Fla.App., 263 So.2d 851. The cause is now before this court on a denial without hearing of appellant’s motion to vacate judgment and sentence pursuant to Rule 3.850, Florida Rules of Criminal Procedure, 33 F.S.A.

Appellant contends that (1) he was denied effective assistance of counsel, (2) he was denied a constitutionally fair trial in that the trial judge allowed into evidence inculpatory statements obtained…