Simmons v. State

Appellant seeks post conviction relief under Criminal Procedure Rule No. 1, F.S.A. ■ch. 924 Appendix. In January 1960, appellant pleaded guilty to charges of breaking and entering and grand larceny. Two weeks thereafter, by counsel, he moved for leave to withdraw his plea of guilty. Hearing was had on the motion which was denied March 15, 1960. Appellant was adjudged guilty and sentenced to State Prison July 26, 1960. The judgment was affirmed on appeal. Simmons v. State, Fla.App. 1961, 132 So.2d 235.

On April 9, 1963, following the ■Gideon decision,1 the appellant moved to vacate the judgment…