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CARMEN v. STATE

No. 73-270.

300 So.2d 713 (1974)

Charles E. CARMEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 27, 1974.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, Sarasota, and Ellen Condon, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

MANN, Chief Judge.

Carmen's scatter shot petition filed in the court in which he was convicted is styled an "Application for a Writ of Habeas Corpus." The prayer of the petition on the 7th page thereof plainly refers to Rule 3.850 CrPR, a rule adopted by the Supreme Court of Florida to afford post conviction relief to those who are entitled to it. That rule provides that the questions involved shall be determined by a court in the county of trial rather than in the...

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