Yates v. State

Appellant Roy Yates by this appeal seeks review of an order denying his motion to set aside and vacate two 1963 convictions, one imposing a two year sentence and the other a five year sentence, the two to run consecutively. The trial court disposed of the instant motion without granting appellant a hearing. Appellee State of Florida insists that relief by reason of Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix is not available to appellant because he is presently serving a 30 year sentence which runs concurrently with the two sentences questioned in the instant proceeding and…