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REBON v. STATE

No. 7476.

203 So.2d 202 (1967)

Francisco REBON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

October 18, 1967.

Attorney(s) appearing for the Case

Francisco Rebon, Jr., in pro. per., and Lee R. Horton, Jr., Public Defender, and Robert L. Trohn, Asst. Public Defender, Lakeland, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

SHANNON, Judge.

Francisco Rebon, Jr., pleaded guilty to an escape charge, was adjudged guilty thereof, and was sentenced to a one-year prison term to begin at the expiration of the sentence he was then serving. He subsequently filed a motion for post-conviction relief pursuant to Fla.R.Crim.P. 1, F.S.A. ch. 924 Appendix, urging that Fla. Stat., Sec. 944.40, F.S.A., under which he was convicted and sentenced, is unconstitutional. His ground for such contention, now...

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