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CAPPETTA v. STATE

No. 68-590.

218 So.2d 240 (1969)

Nicholas CAPPETTA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

January 31, 1969.

Attorney(s) appearing for the Case

George T. Kelly, III, Cocoa Beach, for appellant.

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

LILES, Chief Judge.

Appellant, Nicholas Cappetta, along with his brother, Anthony Cappetta, was convicted on May 16, 1962, of possessing burglary tools. Their conviction was appealed to this court and the opinion cited at 155 So.2d 185 affirmed the conviction.

On October 18, 1968, appellant filed in the Criminal Court of Record for Hillsborough County his motion to vacate judgment and sentence under Rule 1.850, Cr PR, 33...

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