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Pritchett v. State

District Court of Appeal of Florida, Fourth District
Dec 29, 1966
193 So. 2d 185 (Fla. Dist. Ct. App. 1966)

Opinion

No. 1102.

December 29, 1966.

Appeal from the Criminal Court of Record of Palm Beach County, Hugh MacMillan, J.

Ernest Hardy Pritchett, in person.

Earl Faircloth, Atty. Gen., Tallahassee, and James T. Carlisle, Asst. Atty. Gen., Vero Beach, for appellee.


ON MOTION TO QUASH


The State moves to dismiss the appeal of the defendant, Ernest Pritchett.

The defendant moved to vacate a sentence imposed by the Criminal Court of Record under the provisions of Criminal Procedure Rule One, F.S.A. 924 Appendix.

Relief was denied in that the defendant was not serving the term sought to be set aside. The record shows that the defendant was convicted and sentenced to serve a twenty-year term by the Circuit Court of Palm Beach on December 13, 1963, and was sentenced to serve another term of twenty years by the Criminal Court of Record of Palm Beach County to run consecutively with the sentence previously imposed by the Circuit Court of the same county.

The Court of Appeal of the First and Third District have denied relief under such circumstance. Barnes v. State, Fla. App. 1965, 173 So.2d 515; McCormick v. State, Fla.App. 1964, 164 So.2d 557. The Second District has held to the contrary on the premise that a court should consider the validity of a sentence imposed to run consecutively in that the prisoner is in reality being held under both sentences. Jones v. State, Fla.App. 1965, 174 So.2d 452.

Although the question was not clearly before the court, the Supreme Court in Johnson v. State, 1966, 184 So.2d 161, held that review under Rule One would not lie unless the consecutive sentences being attacked were imposed by the same court and could result in relief to the defendant.

Motion to quash granted.

SMITH, C.J., and ANDREWS and WALDEN, JJ., concur.


Summaries of

Pritchett v. State

District Court of Appeal of Florida, Fourth District
Dec 29, 1966
193 So. 2d 185 (Fla. Dist. Ct. App. 1966)
Case details for

Pritchett v. State

Case Details

Full title:ERNEST HARDY PRITCHETT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 29, 1966

Citations

193 So. 2d 185 (Fla. Dist. Ct. App. 1966)

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