Jimmie Gartrail Kirkland v. State Florida

Per Curiam. In May of 1963 the petitioner was prosecuted in Dade County under two informations charging him with robbery. At arraignment, where he was represented by an assistant public defender, he pleaded not guilty and waived jury trial in each case. Thereafter, while so represented by the public defender he withdrew the pleas of not guilty and pleaded guilty in the two cases. Adjudications of guilt and concurrent 2 year sentences followed. Approximately six months later he petitioned the trial court for relief under Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix. The trial judge summarily dismissed his petition. His appeal to this court presents the question of whether the petition set forth grounds entitling petitioner to a formal hearing in the trial court. On examination of the record and after oral argument, we conclude that the trial judge was eminently correct, and we affirm his order of dismissal.