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WARD v. STATE

No. 82-2281.

433 So.2d 1221 (1983)

Michael James WARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 25, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HENDRY, HUBBART and NESBITT, JJ.

NESBITT, Judge.

The defendant appeals from the summary denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

In 1969, the defendant allegedly committed two separate acts of rape in violation of Section 794.01, Florida Statutes (1969). In 1970, he was found incompetent to stand trial and was committed to South Florida State Hospital. The defendant escaped in 1976 and was re-arrested after allegedly committing...

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