Holmes v. State

This appeal arises upon denial of appellant’s motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The motion alleged that appellant, indigent and unable to retain counsel, was arraigned, pleaded guilty, was convicted and subsequently sentenced without the advice or assistance of counsel. The lower court, after examining the “files and records” in the cause, found that appellant had not requested counsel, that appellant had not apprised the court of his indigency and that despite the allegations of the motion it was not affirmatively shown that appellant had been…