McDowell v. State

This is an appeal from an order denying appellant’s motion to vacate and set aside conviction and sentence under Criminal Procedure Rule No. 1, F.S.A. Chapter 924, Appendix.

Review of the record on appeal and briefs herein reflects that at the time appellant filed his Rule 1 motion in the trial court, he was serving a lawfully imposed sentence other than the sentence which his motion attacks.

It is clear that before relief by motion under Criminal Rule 1 may be sought, it must appear that a favorable ruling upon such a motion will result in release of the movant from custody. Such a showing…