DON GARRIGA CHAPMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
This is an appeal from an order of the trial court denying a motion under Rule 3.-850 F.R.Cr.P. to vacate appellant’s previous conviction and sentence. It affirmatively appears from the motion that appellant has fully served the sentence he attacks and is now serving a sentence in the United States Penitentiary at Atlanta, Georgia.
Rule 3.850, by its terms, applys only to “a prisoner in custody under sentence of a court established by the Laws of Florida.” Since appellant is not in Florida custody, he is not entitled to relief under said rule. See McDowell v. State, Fla.App. (1st) 195 So. 2d 586.
Affirmed.
RAWLS, C. J., and McCORD and JOHNSON, JJ., concur.
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Bryan v. State, 345 So. 2d 1095 (Fla. 2d DCA 1977)…s escape conviction. The first question that must be decided on this appeal is whether one may collaterally attack a judgment and sentence when he is no longer in the custody of Florida authorities. Although the First District in Chapman v. State, 300 So. 2d 749 (Fla. 1st DCA 1974), and Parks v. State, 301 So. 2d 482 (Fla. 1st DCA 1974), answered this question in the negative, these decisions appear to be in conflict with our Supreme Court’s holding in State v. Reynolds, 238 So. 2d 598 (Fla.1970), and with…
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Parks v. State, 301 So. 2d 482 (Fla. 1st DCA 1974)…is abundantly apparent therefore that appellant is not a prisoner in custody under sentence of a court established by the laws of Florida and is therefore not entitled to relief under the above quoted rule. (See Chapman v. State, Fla.App. 1st 1974, 300 So. 2d 749.) Counsel for appellant states in his brief that appellant may have remedies in the Federal courts. We do not hold nor comment with reference thereto except to say that if he has such remedies in the Federal courts he should pursue them there for he…
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Chapman v. State, 301 So. 2d 129 (Fla. 1st DCA 1974)…PER CURIAM. Affirmed. See Chapman v. State, Fla. App. 1st 1974, 300 So. 2d 749. RAWLS, C. J., and McCORD and JOHNSON, JJ., concur.…
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- McDOWELL v. State, 195 So. 2d 586 (Fla. 1st DCA 1967)