Ogilvie v. State

ALLEN, Chief Judge.

Appellant, petitioner below, takes timely appeal from the order denying his Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, petition.

Appellant alleges: (1) that he was arraigned and sentenced without counsel and that he did not intelligently waive counsel; and (2) that his sentence for Attempted Robbery is excessive.

This is petitioner’s third successive Criminal Procedure Rule No. 1 petition. In his previous petitions, he alleged that he was without counsel and that he did not intelligently waive counsel. These previous petitions were denied below and no timely…