Legal Opinion
Rose v. State
District Court of Appeal of Florida
Decided May 5, 1970No. 69-697PublishedCited by 6 opinions
1Opinion of the Court
PEARSON, Chief Judge.
This is an appeal from an order denying without evidentiary hearing appellant’s motion for relief pursuant to Rule 1.850, Florida Rules of Criminal Procedure, 33
*354F.S.A. The trial judge set out the ground for the denial as follows:
“That Movant is not presently incarcerated by virtue of the Sentence heretofore imposed upon him in this cause on January 6, 1948, said sentence having been heretofore completely satisfied.”
The conclusion of the trial judge is supported by decisions in this jurisdiction prior to the date of his order. Nevertheless we think that the ground is not…
2Cases cited5 opinions
- Savage v. StateDistrict Court of Appeal of Florida · 1963
- Nicholas Cappetta v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1969
- Lawson v. StateSupreme Court of Florida · 1970
- Hall v. StateDistrict Court of Appeal of Florida · 1964
- Leeds v. StateDistrict Court of Appeal of Florida · 1966
3Cited by6 opinions
- Laytner v. StateDistrict Court of Appeal of Florida · 1970
- Lawrence v. StateDistrict Court of Appeal of Florida · 1981
- McClendon v. WainwrightDistrict Court of Appeal of Florida · 1973
- State v. EvansDistrict Court of Appeal of Florida · 1998
- McClendon v. StateDistrict Court of Appeal of Florida · 1972
1 more not listed; retrieve them via the Exa API.