Simmons v. State

The appellant was charged, tried and convicted of robbery, in the criminal court of record of Dade County on September 20, 1966. He was sentenced to confinement in the state penitentiary for a period of six years, less 53 days previously served.

On August 4, 1967, appellant filed a motion for relief in the trial court, under Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix. The motion was denied without evidentiary hearing, the order reciting it did not set forth legal grounds for granting a new trial or release of the prisoner and was insufficient in substance. The public defender,…