Shedrick v. State

District Court of Appeal of Florida

Shedrick v. State

235 So. 2d 57, 1970 Fla. App. LEXIS 6368

CourtDistrict Court of Appeal of Florida

DecidedMay 13, 1970

DocketNo. 69-579

StatusPublished

Cited by5 cases

This text of 235 So. 2d 57 (Shedrick 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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Shedrick v. State, 235 So. 2d 57, 1970 Fla. App. LEXIS 6368 (Fla. Ct. App. 1970).

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Opinion

PER CURIAM.

This appeal from a denial of defendant’s motion under Rule 1.850, Cr.P.R., 33 F.S. A., to vacate a sentence of the Criminal Court of Record for Palm Beach County, Florida, is affirmed on the authority of State ex rel. Rhoden v. Chapman, 1937, 127 Fla. 9, 172 So. 56, but without prejudice to the defendant’s right to re-apply to the trial court for the relief previously sought should the United States Supreme Court hereafter hold that the resentencing standards it announced in North Carolina v. Pearce, 1969, 395 U.S. 711, 89 S.Ct. [58]*582072, 23 L.Ed.2d 656, must be applied retroactively.

Affirmed.

WALDEN, REED and OWEN, JJ., concur.

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PER CURIAM.

This appeal from a denial of defendant’s motion under Rule 1.850, Cr.P.R., 33 F.S. A., to vacate a sentence of the Criminal Court of Record for Palm Beach County, Florida, is affirmed on the authority of State ex rel. Rhoden v. Chapman, 1937, 127 Fla. 9, 172 So. 56, but without prejudice to the defendant’s right to re-apply to the trial court for the relief previously sought should the United States Supreme Court hereafter hold that the resentencing standards it announced in North Carolina v. Pearce, 1969, 395 U.S. 711, 89 S.Ct. [58]*582072, 23 L.Ed.2d 656, must be applied retroactively.

Affirmed.

WALDEN, REED and OWEN, JJ., concur.

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235 So. 2d 57, 1970 Fla. App. LEXIS 6368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shedrick-v-state-fladistctapp-1970.

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