Whalen v. State

Following affirmance of his conviction by this court, Whalen v. State, 335 So.2d 631 (Fla.1st DCA 1976), Whalen filed in the trial court a motion to vacate the judgment and sentence on grounds including the alleged incompetence of his trial counsel. That motion and the files and records of the ease did not conclusively show Whalen not entitled to relief. Fla.R.Crim.P. 3.850. The trial court accordingly held a hearing. While the trial court’s order denying relief from the judgment and sentence was deficient in its failure to “make findings of fact and conclusions of law” concerning the alleged…