McCarthy v. State

PER CURIAM.

The trial court properly denied appellant’s motion for relief pursuant to Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix, where the record shows testimony was taken after defendant’s guilty plea, and defendant now contends in his motion that the court failed to take testimony to determine the degree of the crime charged pursuant to § 909.11 Fla.Stat., F.S.A. See: Sampson v. State, Fla.App.1963, 158 So.2d 771.

Affirmed.