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WESTBERRY v. COCHRAN

118 So.2d 194 (1960)

Richard W. WESTBERRY, Petitioner, v. H.G. COCHRAN, Jr., Director, Division of Corrections, Respondent.

Supreme Court of Florida.

February 24, 1960.

Attorney(s) appearing for the Case

Richard W. Westberry, in pro. per.

Richard W. Ervin, Atty. Gen., and Odis M. Henderson, Asst. Atty. Gen., for respondent.

PER CURIAM.

It appearing to the court upon the return of the respondent that the original sentence imposed on the petitioner was vacated 20 May 1959 and that on the same day, evidently in accordance with the ruling of the District Court of Appeal, Second District, State ex rel. Westberry v. Mayo, Fla. App., 112 So.2d 916, the trial court entered a sentence for a period within the limitations of the statute, for the identical offense...

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