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Nabozny v. State

163 So. 2d 765, 1964 Fla. App. LEXIS 4217
CourtDistrict Court of Appeal of Florida
DecidedMay 13, 1964
DocketNo. 4390
StatusPublished
Cited by3 cases

This text of 163 So. 2d 765 (Nabozny 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.

Bluebook
Nabozny v. State, 163 So. 2d 765, 1964 Fla. App. LEXIS 4217 (Fla. Ct. App. 1964).

Opinion

PER CURIAM.

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.

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Related

Davis v. State
191 So. 2d 440 (District Court of Appeal of Florida, 1966)
Bryant v. State
174 So. 2d 41 (District Court of Appeal of Florida, 1965)
McCormick v. State
164 So. 2d 557 (District Court of Appeal of Florida, 1964)

Cite This Page — Counsel Stack

Bluebook (online)
163 So. 2d 765, 1964 Fla. App. LEXIS 4217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nabozny-v-state-fladistctapp-1964.