Duenas v. State

636 So.2d 549 (1994)

Roy Felix DUENAS, Appellant,

v.

STATE of Florida, Appellee.

No. 94-00428.

District Court of Appeal of Florida, Second District.

May 6, 1994.

Roy Felix Duenas appeals the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Appellant claims that two of his prior convictions were obtained under a statute which has been declared unconstitutional. The basis of the trial court's denial of the motion was that the appellant was not eligible for postconviction relief because he was no longer in custody on the charges. However, the…