Lee v. State

District Court of Appeal of Florida

Lee v. State

230 So. 2d 478, 1970 Fla. App. LEXIS 7009

CourtDistrict Court of Appeal of Florida

DecidedJanuary 23, 1970

DocketNo. 69-259

StatusPublished

Cited by3 cases

This text of 230 So. 2d 478 (Lee 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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Lee v. State, 230 So. 2d 478, 1970 Fla. App. LEXIS 7009 (Fla. Ct. App. 1970).

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Opinion

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.

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