Frappied v. State

District Court of Appeal of Florida

Frappied v. State

163 So. 2d 502, 1964 Fla. App. LEXIS 4197

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 1964

DocketNo. 4481

StatusPublished

Cited by6 cases

This text of 163 So. 2d 502 (Frappied v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frappied v. State, 163 So. 2d 502, 1964 Fla. App. LEXIS 4197 (Fla. Ct. App. 1964).

Pincite

Opinion

PER CURIAM.

The order here appealed, denying appellant’s claim for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, must be reversed and the causé remanded for consideration in light of this court’s decision and opinion in Caminita v. State, Fla.App.1964, 159 So.2d 921, filed some months after entry of the order in this cause.

The text of the appealed order and the scant record in this court intimate that appellant may, in fact, not be in custody under a sentence of the lower court. If, after the hearing necessary upon remand of the cause, this should be shown to be true, relief under Rule No. 1 in the court below would not be available.

Reversed and remanded.

ALLEN, Acting C. J., and SHANNON and WHITE, JJ., concur.

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