Bryant v. State

SWANN, Judge.

This is an appeal from an order of the trial court, denying a petition for relief under Criminal Procedure Rule Number One, F.S.A. ch. 924 Appendix.

Petitioner seeks relief from an alleged conviction and sentence for breaking and entering, and grand larceny.

The basis of the petition was that:

“ * * * The petitioner were sentence (sic), for a term of five (5) years in Fla. State Prison at Railford as a multiple offender, due to the fact that he was serving a seventeen (17) years' sentence at the time. * * *

“Since Criminal Rule No. 1, subsequently the (17) years sentence was vacated…