SANDSBURY LEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1970-01-23
No. 69-259
McCAIN, J., and ADAMS, ALTO, (Ret.), Associate Judge, concur.
230 So. 2d 478 Florida District Court of Appeal, Fourth District (1970) Positive Treatment
Also reported at: 232 So. 2d 770
Cited by 5 cases


Opinion of the Court
OWEN, Judge.

OWEN, Judge.

The history of this case is set forth in our prior opinion, Lee v. State, Fla.App.1969, 217 So.2d 861. In the cited case we reversed an order denying a motion to vacate under Rule 1.850 CrPR, 33 F.S.A., and remanded with directions to afford appellant an evidentiary hearing. Such a hearing was held, as a result of which the trial court found that the allegations of the motion to vacate were not proved, resulting in an order again denying such motion. The present appeal is from that order.

While the appeal was pending, appellant completed serving the term of his sentence and was released from custody. Such fact having been brought to our attention, we . sua sponte dismiss the appeal as moot. DeHoff v. Imeson, 1943, 153 Fla. 553, 15 So.2d 258.

Appeal dismissed.

McCAIN, J., and ADAMS, ALTO, (Ret.), Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Sandsbury LEE v. State, 230 So. 2d 478 (Fla. 4th DCA 1970)
  • Butler v. State, 873 So. 2d 537 (Fla. 1st DCA 2004)
    …PER CURIAM. DISMISSED as moot. See Rosales v. Moore, 775 So. 2d 971 (Fla. 1st DCA 2000); [*538] Edwards v. State, 765 So. 2d 222 (Fla. 2d DCA 2000); Lee v. State, 230 So. 2d 478 (Fla. 4th DCA 1970). ERVIN, BENTON and LEWIS, JJ„ concur.…
  • Grand Union Co. v. Sutter, 237 So. 2d 538 (Fla. 1970)
    …Certiorari denied without opinion. 230 So. 2d 478.…

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