MAXWELL CUMMINGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1964-08-12
No. 4911
ALLEN, Acting C. J., and SHANNON and WHITE, JJ., concur.
166 So. 2d 775 Florida District Court of Appeal, Second District (1964) Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant’s motion for relief under Criminal Procedure Rule. No. 1, F.S.A. ch. 924 Appendix, denial of which is here appealed, sought to vacate sentences entered in Orange County which would “run consecutive to” sentences imposed in Volusia County. Accordingly, it is apparent on the face of the motion that relief under Rule No. 1 is not presently available, the motion was properly denied and the denial is affirmed.

ALLEN, Acting C. J., and SHANNON and WHITE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Jones v. State, 174 So. 2d 452 (Fla. 2d DCA 1965)
    …e which he is moving to vacate. The sentence being challenged commences at the expiration of another sentence under which the appellant is presently incarcerated. The State has filed a motion to quash the appeal. In Cummings v. State, Fla.App.1964, 166 So. 2d 775, and White v. State, Fla.App.1964, 165 So. 2d 799, this court held that a person moving to vacate a sentence which does not commence until the expiration of a previous sentence is not entitled to proceed under Criminal Procedure Rule No. 1, because…
  • Ervin v. State, 189 So. 2d 374 (Fla. 4th DCA 1966)
    …on the theory that he was in custody under said term even though he could not be released until the completion of the prior sentence. Jones v. State, Fla.App.1965, 174 So. 2d 452. It had been held to the contrary in Cummings v. State, Fla.App.1964, 166 So. 2d 775, and in White v. State, Fla.App.1964, 165 So. 2d 799. Both of these cases were overruled by Jones v. State, supra. The Supreme Court in Johnson v. State, Fla.1966, 184 So. 2d 161, held that a defendant serving eleven consecutive terms arising out o…
  • Escue v. State, 192 So. 2d 524 (Fla. 2d DCA 1966)
    …y his motion, he was moving to vacate. In that case petitioner was serving a sentence [*525] which had been imposed prior to the sentence to which his motion was directed. And this Court followed the White holding in Cummings v. State, Fla.App.1964, 166 So. 2d 775. But in Jones v. State, Fla.App.1965, 174 So. 2d 452, this Court expressly receded from its previous opinions in Cummings and White, and held that a prisoner could reach a prior sentence by Rule 1, upon the theory that “a person who is serving one…

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