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Vertree v. State

District Court of Appeal of Florida, First District
Nov 17, 1964
168 So. 2d 771 (Fla. Dist. Ct. App. 1964)

Opinion

No. E-329.

November 17, 1964.

Appeal from the Circuit Court for Santa Rosa County, Woodrow M. Melvin, J.

James E. Vertree, in pro. per.

James W. Kynes, Atty. Gen., and A.G. Spicola, Jr., Asst. Atty. Gen., for appellee.


The appellant was convicted of two independent crimes and filed separate motions under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, to vacate the separate judgments of conviction and sentences imposed thereon. Appellant sued out a single appeal to review the orders of denial in both cases. This procedure was irregular but the court, mindful of the fact that the appeal was sued out in proper person and in an abundance of caution, treated the same as independent appeals and consolidated the causes for the purposes of the appeal, which is the posture of the pleadings of appellant.

The appeal having been perfected and the court having carefully reviewed the record and finding no error, the orders appealed, which were entered in cases Nos. 1371 and 1373, according to the serial numbers of the trial court, entered on April 26, 1963, and July 1, 1963, respectively, are severally

Affirmed.

STURGIS, C.J., and WIGGINTON and CARROLL, DONALD K., JJ., concur.


Summaries of

Vertree v. State

District Court of Appeal of Florida, First District
Nov 17, 1964
168 So. 2d 771 (Fla. Dist. Ct. App. 1964)
Case details for

Vertree v. State

Case Details

Full title:JAMES E. VERTREE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Nov 17, 1964

Citations

168 So. 2d 771 (Fla. Dist. Ct. App. 1964)