Shedrick v. State

Full title: BOBBY SHEDRICK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 13, 1970

235 So. 2d 57 (Fla. Dist. Ct. App. 1970)

Opinion

No. 69-579.

May 13, 1970.

Appeal from Criminal Court of Record, Palm Beach County; Russell H. McIntosh, Judge.

Walter N. Colbath, Jr., Public Defender, and Norman J. Kapner, Asst. Public Defender, West Palm Beach, for appellant.

Earl Faircloth, Atty. Gen., and John A. Zebedee, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This appeal from a denial of defendant's motion under Rule 1.850, Cr.P.R., 33 F.S.A., to vacate a sentence of the Criminal Court of Record for Palm Beach County, Florida, is affirmed on the authority of State ex rel. Rhoden v. Chapman, 1937, 127 Fla. 9, 172 So. 56, but without prejudice to the defendant's right to re-apply to the trial court for the relief previously sought should the United States Supreme Court hereafter hold that the resentencing standards it announced in North Carolina v. Pearce, 1969, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656, must be applied retroactively.

Affirmed.

WALDEN, REED and OWEN, JJ., concur.