Denson v. State

This appeal is from an order denying appellant’s motion to vacate filed pursuant to CrPR 1.850, 33 F.S.A.

The allegation that the prosecution knowingly used perjured testimony while legally sufficient as a ground for relief, Rayburn v. State, Fla.App.1967, 203 So.2d 212, is conclusively refuted by the transcript of the trial proceedings as contained in the record on appeal.

The allegation that court appointed counsel refused to call a star witness is legally insufficient to sustain a motion to vacate. Simpson v. State, Fla.App.1964, 164 So.2d 224.

The allegation that appellant was deprived of a…