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BRYANT v. STATE

No. 64-606.

174 So.2d 41 (1965)

John David BRYANT, Appellant v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 4, 1965.

Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender and Phillip A. Hubbart, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and HENDRY and SWANN, JJ.

SWANN, Judge.

This is an appeal from an order of the trial court, denying a petition for relief under Criminal Procedure Rule Number One, F.S.A. ch. 924 Appendix.

Petitioner seeks relief from an alleged conviction and sentence for breaking and entering, and grand larceny.

The basis of the petition was that:

"* * * The petitioner were sentence (sic), for a term of five (5) years in Fla. State Prison...

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