MONTALVO v. STATE

No. 64-1019.

170 So.2d 466 (1965)

Benjamin B. MONTALVO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

January 12, 1965.


Attorney(s) appearing for the Case

Benjamin B. Montalvo, in pro. per.

Richard E. Gerstein, State Atty., and Roy S. Wood, Asst. State Atty., for appellee.

Before CARROLL, HORTON and HENDRY, JJ.


PER CURIAM.

This cause is before us on appellee's motion to quash this appeal.

Appellant was granted a new trial following his conviction of manslaughter. Upon his second trial, he again entered a plea of guilty to manslaughter and was sentenced to ten years with credit thereon for fifty-two days spent in the county jail.

The defendant filed his notice of appeal. On defendant's motion this court dismissed the appeal. Thereafter, defendant filed a motion...

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