POLO v. STATE

No. 70-58.

238 So.2d 160 (1970)

Albert POLO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 28, 1970.


Attorney(s) appearing for the Case

Hughlan Long, Public Defender, and Alan S. Becker, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Harold Mendelow and Melvin Grossman, Asst. Attys. Gen., for appellee.

Before PEARSON, C.J., HENDRY, J., and NATHAN, RAYMOND G., Associate Judge.


PER CURIAM.

This is an appeal from a summary denial of appellant's motion to vacate judgment and sentence pursuant to Rule 1.850, Florida Rules of Criminal Procedure, 33 F.S.A. The ground for the summary denial as set out in the order denying the motion is: "That the movant is not presently incarcerated from any sentence having been imposed upon him in this cause".

The order of the trial judge was in accord with prior holdings of the appellate courts of this...

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