WYSE v. STATE

No. 68-468.

220 So.2d 47 (1969)

John C. WYSE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

March 7, 1969.


Attorney(s) appearing for the Case

Lee R. Horton, Jr., Public Defender, Lake Wales, 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.


PER CURIAM.

This appeal, from denial of a Rule 1.850, 33 F.S.A., motion, is without merit and we summarily affirm.

Pending the disposition of the appeal, however, defendant filed an original "Application for Writ of Mandamus" in this court, and it was included in the record of this appeal. In view of the disposition of the appeal herein the matters set forth in the Petition for Mandamus are moot, and the same is hereby denied.

Affirmed.

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