HORACE WINGARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1968-05-17
No. 68-25
LILES, C. J., and ALLEN and PIERCE, JJ., concur.
210 So. 2d 472 Florida District Court of Appeal, Second District (1968) Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner is appealing from the summary denial of his Criminal Procedure Rule No. 1 motion. In order to obtain post-conviction relief under Rule No. 1 (now R.Cr.P. 1.850, 33 F.S.A.), it is necessary that one seeking 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 and PIERCE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Kurlin v. State, 302 So. 2d 147 (Fla. 1st DCA 1974)
    …appellant fleeing the jurisdiction, and thereby rendering himself not available to participate in the presentence investigation, he is taken to have abandoned and waived his rights under Rule 3.-710 RCrP. (See also Bretti v. State, Fla.App.3rd 1968, 210 So. 2d 472) Reversed in part and affirmed in part and remanded for further proceedings consistent herewith. It will not be necessary to bring defendant before the trial judge for the purpose of resentencing. RAWLS, C. J., and McCORD, J., concur.…
  • Wilcox v. State, 267 So. 2d 15 (Fla. 1st DCA 1972)
    …et forth in State v. Reynolds, 238 So. 2d 598 (Fla. 1970). SPECTOR, C. J., and JOHNSON, J., concur. . Young v. State, 167 So. 2d 622 (1 Fla. App.1964), cited with approval in Smith v. State, 176 So. 2d 243 (3 Fla.App. 1965), and Wingard v.. State, 210 So. 2d 472 (2 Fla.App. 1968).…
  • Marshall v. State, 344 So. 2d 646 (Fla. 2d DCA 1977)
    …scapees have been traditionally dismissed, the motion to dismiss this appeal is hereby DENIED. McNULTY, A. C. J., and OTT, J., concur. . Woodson v. State, 19 Fla. 549 (1882); Mitchell v. State, 294 So. 2d 395 (Fla. 1st DCA 1974); Bretti v. State, 210 So. 2d 472 (Fla. 3d DCA 1968); Decree v. State, 180 So. 2d 667 (Fla. 1st DCA 1965). . E. g., Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970); Allen v. Georgia, 166 U.S. 138, 17 S.Ct. 525, 41 L.Ed. 949 (1897); Bonahan v. Nebraska, 125…

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