Thomas v. State

The order here appealed, denying appellant’s claim for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, was entered in response to a letter which, under any reasonable interpretation, can be viewed only as an inquiry as to the manner of securing relief and not as a motion for relief.1 Accordingly, entry of the order was premature. Though not purporting to adjudicate the merits of appellant’s claim and, accordingly, not a bar to further proceedings, the premature order has apparently been viewed as conclusive of proceedings on a subsequent and ostensively sufficient motion.…