McClendon v. Wainwright

OWEN, Chief Judge.

By habeas corpus we have granted petitioner delayed appellate review of an order entered May 5, 1972 denying his motion to vacate under Rule 3.850, RCrP, 33 F.S.A.

On June 8, 1970, without counsel present, petitioner pled guilty to the offense of aggravated assault. On February 17, 1971, he was adjudged guilty and sentenced. On July 22, 1971, petitioner filed his motion to vacate judgment and sentence alleging as ground for relief that he was without counsel at the time he pled guilty. The motion was denied by order of July 28, and on appeal therefrom, McClendon v. State,…