Cardwell v. State (162 So. 2d 681, 1964)

PER CURIAM.

Affirmed. See Dykes v. State, Fla.App., 162 So.2d 675.

STURGIS, C. J., and WIGGINTON, J., concur.

CARROLL, DONALD K., J., dissents.

CARROLL, DONALD K., Judge

(dissenting).

I dissent for the reasons stated in my dissenting opinion in Dykes v. State, Fla.App., 162 So.2d 675. I think that the appellant should have been given an opportunity to present evidence on the issue as to whether he competently and intelligently waived his right to counsel at the trial.