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SWANK v. MAYO

89 So.2d 793 (1956)

Rex SWANK, Petitioner, v. Nathan MAYO, Custodian of Florida State Prison, Respondent.

Supreme Court of Florida. Special Division A.

October 3, 1956.

Attorney(s) appearing for the Case

Rex Swank, in pro. per.

Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for respondent.

PER CURIAM.

This cause having been submitted to the Court upon the return of the respondent to the writ of habeas corpus issued herein, the Court finds that petitioner has served in excess of the maximum sentence which could lawfully be imposed on him under Anglin v. Mayo, Fla. 1956, 88 So.2d 918.

Therefore, the petitioner is ordered discharged from the custody of the respondent.

DREW, C.J., and HOBSON, THORNAL and...

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