RICHARD A. DESROSIERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD A. DESROSIERS, APPELLANT,
STATE OF FLORIDA, APPELLEE
189 So. 2d 834
Florida District Court of Appeal, First District (1966)
Positive Treatment
Cited by 8 cases
Opinion of the Court
Appellant filed a motion pursuant to Criminal Procedure Rule No. 1, F.S.A., Ch. 924 Appendix, the trial court denied the relief requested and appeal was taken from such denial. The sentence imposed for the judgment of conviction under attack has been served, thus making the matter moot. Therefore, the appeal is hereby dismissed upon the authority of Young v. State, 167 So.2d 622 (Fla.App. 1st, 1964).
WIGGINTON, Acting C. J., and JOHNSON and SACK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Barber, 301 So. 2d 7 (Fla. 1974)…ard Barber concedes that he is not entitled to Rule 1 relief which has become moot, in that he has completed his sentence and accordingly is no longer “in custody” as a predicate for relief under the express terms of CrPR 3.850. Desrosiers v. State, 189 So. 2d 834 (Fla.App.lst 1966). This respondent had adequate appellate review open to him. His failure timely to assert it does not change its legal sufficiency. A Rule 1 proceeding, with newly appointed counsel to represent him thereon, is available to Respon…
-
Wingard v. State, 210 So. 2d 472 (Fla. 2d DCA 1968)…such relief be in custody by virtue of the sentence appealed from. An appeal from a judgment denying a motion for post-conviction relief under Rule No. 1 becomes moot upon completion of the service of the sentence. Desrosiers v. State, Fla.App.1966, 189 So. 2d 834; Smith v. State, Fla.App.1965, 175 So. 2d 243; Young v. State, Fla.App.1964, 167 So. 2d 622. It appears from the record that the sentence appealed from has already expired. Accordingly, petitioner’s appeal must be dismissed. LILES, C. J., and ALLEN…
-
Marlena Christine Woods v. State, 214 So. 3d 803 (Fla. 1st DCA 2017)…when a defendant challenges a sentence already completed, we dismiss the appeal as moot. See, e.g., Miller v. State, 996 So. 2d 954 (Fla. 1st DCA 2008) (Mem. Op.); Toomer v. State, 895 So. 2d 1256 (Fla. 1st DCA 2005) (Mem. Op.); Desrosiers v. State, 189 So. 2d 834 (Fla. 1st DCA 1966). We have even gone so far as to say “we have no [*826] choice but to dismiss the appeal” in this circumstance. Miller v. State, 79 So. 3d 209, 211 (Fla. 1st DCA 2012). That overstates it, of course, because we do have some discre…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Young v. State, 167 So. 2d 622 (Fla. 1st DCA 1964)