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CUMMINGS v. STATE

No. 4911.

166 So.2d 775 (1964)

Maxwell CUMMINGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

August 12, 1964.

Attorney(s) appearing for the Case

W.D. Frederick, Jr., Public Defender, and Joseph X. DuMond, Jr., Asst. Public Defender, Orlando, for appellant.

James W. Kynes, Atty. Gen., Tallahassee, Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

Appellant's motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, denial of which is here appealed, sought to vacate sentences entered in Orange County which would "run consecutive to" sentences imposed in Volusia County. Accordingly, it is apparent on the face of the motion that relief under Rule No. 1 is not presently available, the motion was properly denied and the denial is affirmed.

ALLEN, Acting C.J., and SHANNON...

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