Josey v. State

BOARDMAN, Judge.

The appellant, James William Josey, has brought a timely appeal from a denial, without hearing, of his Rule 3.850, CrPR, motion filed in the circuit court. The appellant’s conviction was affirmed in an appeal on the merits by this court in Josey v. State, Fla.App.2d, 1973, 284 So.2d 704.

In his pro se efforts in this cause Josey contends he was deprived of his constitutional right to have compulsory process for witnesses 1 and that he was deprived of an instruction to the jury on a lesser included charge. In light of the fact that the motion and appeal filed herein were filed…