Bellcase v. State
Decision Date | 15 June 1982 |
Citation | 417 So.2d 328 |
Parties | Bellcase (Robert L.) v. State NO. 61534 |
Court | Florida Supreme Court |
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Rita v. State
... ... The state necessarily concedes that Rita was in custody, but contends he was not under sentence within the meaning of that requirement in rule 3.850, and relies on Ferguson v. Stone, 415 So.2d 98 (Fla. 4th DCA 1982), and Bellcase v. State, 406 So.2d 116 (Fla. 5th DCA 1981), rev. den., 417 So.2d 328 (Fla.1982), as authority for Rita's lack of standing under the language used in rule 3.850. We find that neither case is inconsistent with our holding. In Ferguson, unlike the instant case, the court withheld adjudication of ... ...
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State v. Bolyea
... ... BARKETT, Justice ... We have for review Bolyea v. State, 508 So.2d 457 (Fla. 2d DCA 1987), based on certified direct conflict with Decker v. State, 476 So.2d 330 (Fla. 4th DCA 1985), Ferguson v. Stone, 415 So.2d 98 (Fla. 4th DCA 1982), and Bellcase v. State, 406 So.2d 116 (Fla. 5th DCA 1981), review denied, 417 So.2d 328 (Fla.1982). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const ... The sole issue presented is whether court-ordered probation in and of itself constitutes "custody under sentence" for purposes of Rule ... ...
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Bolyea v. State
... ... Although it is not clear from the record at what time the trial court considered appellant not to be "in custody," we hold that for purposes of a rule 3.850 motion for postconviction relief, appellant was at all times "in custody." ... The state relies on Bellcase v. State, 406 So.2d 116 (Fla. 5th DCA 1981), pet. for rev. denied, 417 So.2d 328 (Fla.1982), in which the fifth district held that an appellant who was placed on probation upon the condition that he serve time in county jail, but who was no longer incarcerated, did not have standing to seek relief ... ...