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JENKINS v. STATE

No. 71-844.

267 So.2d 886 (1972)

Herman JENKINS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 27, 1972.

Attorney(s) appearing for the Case

Walter R. Talley, Public Defender, and D. Turner Matthews, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

PIERCE, Chief Judge.

Appellant Herman Jenkins, Jr., was convicted in the Criminal Court of Record for Polk County, Florida, of the offense of breaking and entering with intent to commit a misdemeanor, and sentenced to serve five years in the State Prison. His direct appeal to this Court was affirmed on July 29, 1970. On September 16, 1970, Jenkins filed a motion to vacate and set aside the judgment and sentence under RCrP...

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