BOLYEA v. STATE

No. 85-2694.

508 So.2d 457 (1987)

Wilbert E. BOLYEA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 27, 1987.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Joseph Eugene Perrin and Paul C. Helm, Asst. Public Defenders, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellee.


SANDERLIN, Judge.

This is an appeal from an order which struck appellant's motion for postconviction relief on the basis that appellant was no longer "in custody," as required by Florida Rule of Criminal Procedure 3.850. For the reasons stated below, we reverse.

On June 29, 1983, a jury found appellant guilty of practicing dentistry without a license. On November 21, 1983, appellant was placed on probation with the condition that he serve 364 days in the county...

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