Escue v. State

ON MOTION TO QUASH

PIERCE, Judge.

The State has moved to quash this appeal, which is from an Order of the Circuit Court denying a post-conviction motion for discharge under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.

The basis for the State’s motion to quash is that the sentence of imprisonment attacked by the Rule 1 motion has already been completely served, and that petitioner-appellant is currently in custody serving another separate and subsequent sentence. The point involved has been before the appellate courts of Florida on numerous occasions.

In Barnes v. State, Fla.App.1965,…