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Hill v. State

District Court of Appeal of Florida, Third District
Mar 29, 1966
184 So. 2d 457 (Fla. Dist. Ct. App. 1966)

Opinion

No. 65-557.

March 29, 1966.

Appeal from the Criminal Court of Record for Dade County, Jack M. Turner, J.

Robert L. Koeppel, Public Defender and Phillip A. Hubbart, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and James T. Carlisle, Asst. Atty. Gen., for appellee.

Before TILLMAN PEARSON, CARROLL and SWANN, JJ.


The order of the trial court which is challenged on this appeal, denying appellant's motion under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, for relief from a judgment and sentence for the crime of armed robbery, is affirmed on the ground that the appellant is not in custody under sentence of a court established by the laws of Florida. The record disclosed that appellant is in custody in New Jersey under a sentence of a court of that state. Under the wording of Criminal Procedure Rule No. 1 a movant is required to be "in custody under Sentence of a court established by the Laws of Florida." See Johnson v. State, Fla. 1966, 184 So.2d 161. The fact that the appellant may be subject to be confined in Florida following his release in New Jersey, does not furnish a basis for a present application under Criminal Procedure Rule No. 1, because of the wording of the rule as referred to above.

Affirmed.


Summaries of

Hill v. State

District Court of Appeal of Florida, Third District
Mar 29, 1966
184 So. 2d 457 (Fla. Dist. Ct. App. 1966)
Case details for

Hill v. State

Case Details

Full title:ROGER JAMES HILL, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 29, 1966

Citations

184 So. 2d 457 (Fla. Dist. Ct. App. 1966)

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