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RITA v. STATE

No. AX-240.

470 So.2d 80 (1985)

Edmund P. RITA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 6, 1985.

Attorney(s) appearing for the Case

Leonard Rosenberg, P.A., Miami, and J. Victor Africano, Live Oak, for appellant.

Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.

ZEHMER, Judge.

Edmund Rita appeals two orders of the Suwannee County Circuit Court. The first order denied his rule 3.850 motion for post-conviction relief based on alleged deprivation of his constitutional right to counsel; the second order revoked his probation and imposed a sentence of imprisonment. Rita raises three points on appeal: (1) Error in denying his 3.850 motion on grounds that he was on probation and thus not a prisoner in custody under sentence when...

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