Johnny M. Gardner v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Petitioner, a Florida convict, appeals from an order of the district court denying without a hearing his petition for habeas corpus relief. We affirm.

Appellant, represented by court-appointed counsel, was convicted of robbery upon his plea of guilty.

Appellant’s petition to vacate judgment and sentence in the convicting court pursuant to the Florida postconviction proceeding under Criminal Procedure Rule 1.850, 33 F.S.A. (Rule 1), was denied without a hearing and affirmed upon appeal. Gardner v. State, 214 So.2d 786 (Fla.App.1968), reh. den. (1968). An “appeal” to the Florida Supreme Court was…