BOOKER T. WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court granted the state's motion to quash an appeal from an order denying post-conviction relief. The court found the appeal was from a prior, unrelated conviction and not the sentence the appellant was currently serving.
The appeal is quashed. The appellant is not appealing the sentence he is currently serving, but rather an earlier, unrelated conviction.
“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 1.850, 33 F.S.A.”
This quote establishes the procedural posture of the case and the nature of the order being appealed.
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Join FLexlaw to unlock all legal intelligenceThe appellant is currently serving a sentence imposed in 1967 for breaking and entering. He filed a motion for post-conviction relief attacking a 1957…
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ON MOTION TO QUASH
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 1.850, 33 F.S.A.
Petitioner-appellant is currently in custody serving a valid sentence in state prison imposed on September 1, 1967, as the result of a jury verdict of guilty of breaking and entering with intent to commit a felony.
In his motion for post-conviction relief, petitioner has attacked a judgment and sentence dated December 11, 1957, in which he was found guilty of exhibiting obscene literature. In petitioner’s motion for post-conviction relief, he has not attacked the validity of the sentence for which he is currently in custody.
Therefore, the motion to quash is granted under the authority of Johnson v. State, Fla.1966, 184 So.2d 161; Escue v. State, Fla.App.1966, 192 So.2d 524, and Yates v. State, Fla.App.1967, 199 So.2d 340.
LILES, C. J., and HOBSON and Mc-NULTY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The State of Fla. on the relation of the Borden Co. v. Langley, 184 So. 2d 161 (Fla. 1966)
- Yates v. State, 199 So. 2d 340 (Fla. 1st DCA 1967)
- Roberts v. State, 199 So. 2d 340 (Fla. 2d DCA 1967)
- Escue v. State, 192 So. 2d 524 (Fla. 2d DCA 1966)