LEO ALFRED FRAPPIED, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
The order here appealed, denying appellant’s claim for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, must be reversed and the causé remanded for consideration in light of this court’s decision and opinion in Caminita v. State, Fla.App.1964, 159 So.2d 921, filed some months after entry of the order in this cause.
The text of the appealed order and the scant record in this court intimate that appellant may, in fact, not be in custody under a sentence of the lower court. If, after the hearing necessary upon remand of the cause, this should be shown to be true, relief under Rule No. 1 in the court below would not be available.
Reversed and remanded.
ALLEN, Acting C. J., and SHANNON and WHITE, JJ., concur.
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McCORMICK v. State, 164 So. 2d 557 (Fla. 3d DCA 1964)…s.3 Accordingly the order appealed is affirmed without prejudice to his right to seek such other relief as the law affords. Affirmed. . § 775.10 Fla.Stat., F.S.A. . Nabozny v. State, Fla.App.1964, 163 So. 2d 765; Frappied v. State, Fla.App.1964, 163 So. 2d 502. . United States v. Morgan, 346 U.S. 502, 74 S.Ct. 247, 98 L.Ed. 248 (1954); Mitchell v. Wainwright, Fla.1963, 155 So. 2d 868; Ex Parte Welles, Fla.1951, 53 So. 2d 708.…
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Davis v. State, 191 So. 2d 440 (Fla. 3d DCA 1966)…ilt until the outcome of that proceeding. The Hillsborough court denied relief under Criminal Procedure Rule No. One, [*444] apparently because the defendant was not then in custody under that judgment and sentence. Frappied v. State, Fla.App.1964, 163 So. 2d 502; Nabozny v. State, Fla.App. 1964, 163 So. 2d 765. Presumably, had an appeal been taken from that order denying relief, the doctrine enunciated in Red-dick v. State 2 might have been invoked for a showing that the unusual, exceptional and particular…
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Barnes v. State, 173 So. 2d 515 (Fla. 1st DCA 1965)…, is frivolous and the motion to quash the appeal is accordingly granted. WIGGINTON, Acting C. J., and CARROLL, DONALD K, and RAWLS, JJ., concur. . Criminal Procedure Rule 1, Chapter 924, F.S., Appendix, F.S.A. . Frappied v. State (Fla.App.1964), 163 So. 2d 502; Parker v. Ellis, 362 U.S. 574, 80 S.Ct. 909, 4 L.Ed.2d 963 (1960).…
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- Caminita v. State, 159 So. 2d 921 (Fla. 2d DCA 1964)