Johnson v. State

On March 3, 1950, appellant was indicted for murder in the first degree. He was represented at all critical stages by court-appointed counsel, entered a plea of not guilty, was tried by jury and found guilty with a recommendation of mercy, whereupon he was sentenced to life imprisonment.

Appellant’s former motion under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, to vacate the judgment and sentence was denied and the denial affirmed by this court. See Johnson v. State, 161 So.2d 844 (Fla.App. 1964). On June 28, 1965, appellant filed a second motion to vacate which the trial court…