Murray v. State

Full title: MOSES K. MURRAY, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 30, 1964

165 So. 2d 815 (Fla. Dist. Ct. App. 1964)

Opinion

No. 63-829.

June 30, 1964.

Appeal from Criminal Court of Record for Dade County; Jack M. Turner, Judge.

Robert L. Koeppel, Public Defender, and W. Eugene Neill, Asst. Public Defender, for appellant.

James W. Kynes, Jr., Atty. Gen., and Victor V. Andreevsky, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and CARROLL and HENDRY, JJ.

PER CURIAM.

The State having filed a motion to quash and it appearing that the appellant is not presently incarcerated under the sentence complained of in his petition for relief under Criminal Procedure Rule 1, F.S.A. ch. 924, Appendix, the motion to quash be and the same is hereby granted upon the authority of McCormick v. State, Fla.App. 1964, 164 So.2d 557, (opinion filed June 2, 1964).

Motion granted and appeal quashed.