Sams v. State

Frank Sams appeals ah order denying his petition to vacate judgment and sentence. The record here shows that in 1959 Sams was arraigned and entered a plea of guilty to the charged crime of indecent assault, whereupon he was adjudged guilty and sentenced. In April of 1963, Sams filed his petition for relief pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Said petition, which was sworn to before a notary public, alleged (in what might be termed the average layman’s allegations, mixing facts and conclusions) that he was then in prison pursuant to the aforementioned judgment…