Armstrong v. State

The appellant, Thomas James Armstrong, appeals from a summary denial of his motion for post conviction relief filed under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.

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The sole question is whether the allegations in the defendant's handwritten motion were sufficient to sustain relief under Criminal Procedure Rule No. 1, the petitioner having stated the following:

“Based on Criminal Procedure Rule # 1, Jan. Term, A.D., 1963, Supreme Court of Florida, I hereby apply for relief by vacation of the sentence imposed by the court on March 13, 1961. This application is based on the fact that…