Adkins v. State

Leroy Adkins appeals an order denying his motion for post conviction relief filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. In reply to petitioner’s assertion that the court erred in summarily denying the motion the State answers only that the motion was insufficient in that it failed to allege either expressly or implicitly that the petitioner did not competently and intelligently waive his right to counsel. This contention is without merit.

The lower court did not bottom its order on this ground but investigated the record and made certain findings on matters dehors…