Perez v. Wainwright

ROBERTS, Justice.

We have for consideration an original petition for writ of habeas corpus. A motion by petitioner to vacate his judgment and sentence of six (6) months to five (S) years has been previously filed in the trial court pursuant to Rule 1, Supreme Court Rules of Criminal Procedure, F.S.A. ch. 924 Appendix, and granted by order of the court finding that petitioner was entitled to a re-trial. Upon re-trial the petitioner was found guilty and sentenced to the state prison for the period of three (3) years. A corrected judgment and sentence was issued subsequent to the original…