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Nabozny v. State

District Court of Appeal of Florida, Second District
May 13, 1964
163 So. 2d 765 (Fla. Dist. Ct. App. 1964)

Opinion

No. 4390.

May 13, 1964.

Appeal from the Circuit Court for Sarasota County, John D. Justice, J.

Walter R. Talley, Public Defender, Bradenton, for appellant.

James W. Kynes, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.


Alphonse Nabozny appeals an order denying his motion for post conviction relief pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The State has filed a motion to quash this appeal on the ground that the petitioner is no longer in custody of the Division of Corrections, which appears to be true. The motion therefore is well founded. The relief contemplated by Criminal Procedure Rule No. 1 applies only to prisoners "in custody" under sentence of a court established by the laws of Florida. See Frappied v. State, Fla.App., 163 So.2d 502 (2nd Dist.).

Motion to quash granted.

SMITH, C.J., and SHANNON and WHITE, JJ., concur.


Summaries of

Nabozny v. State

District Court of Appeal of Florida, Second District
May 13, 1964
163 So. 2d 765 (Fla. Dist. Ct. App. 1964)
Case details for

Nabozny v. State

Case Details

Full title:ALPHONSE NABOZNY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 13, 1964

Citations

163 So. 2d 765 (Fla. Dist. Ct. App. 1964)