SIMMONS v. STATE

No. 86-337.

485 So.2d 475 (1986)

Charles SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 19, 1986.


SANDERLIN, Judge.

Charles Simmons appeals the summary denial of his motion for postconviction relief. We reverse.

We first address the correctness of the trial court's determination that Simmons was not "in custody" as required by Florida Rule of Criminal Procedure 3.850. The motion attacks two 1968 felony convictions. By Simmons' own admission the one-year sentences imposed in these cases expired long ago. Nevertheless...

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