Hill v. State
| Decision Date | 29 March 1966 |
| Docket Number | No. 65-557,65-557 |
| Citation | 184 So.2d 457 |
| Parties | Roger James HILL, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert L. Koeppel, Public Defender and Phillip A. Hubbart, Asst. Public Defender, for appellant.
Earl Faircloth, Atty. Gen., and James T. Carlisle, Asst. Atty. Gen., for appellee.
Before TILLMAN PEARSON, CARROLL and SWANN, JJ.
The order of the trial court which is challenged on this appeal, denying appellant's motion under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, for relief from a judgment and sentence for the crime of armed robbery, is affirmed on the ground that the appellant is not in custody under sentence of a court established by the laws of Florida. The record disclosed that appellant is in custody in New Jersey under a sentence of a court of that state. Under the wording of Criminal Procedure Rule No. 1 a movant is required to be 'in custody under Sentence of a court established by the Laws of Florida.' See Johnson v. State, Fla.1966, 184 So.2d 161. The fact that the appellant may be subject to be confined in Florida following his release in New Jersey, does not furnish a basis for a present application under Criminal Procedure Rule No. 1, because of the wording of the rule as referred to above.
Affirmed.
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...to follow the decisions of the First District in Holstein v. State, Fla.App.1967, 205 So.2d 6, and of the Third District in Hill v. State, Fla.App.1966, 184 So.2d 457, and hold that Reynolss, imprisoned in Texas, is not 'in custody under Sentence of a court established by the Laws of Florid......
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Demps v. State, 96-3439
...McGriff v. State, 259 So.2d 508 (Fla. 3d DCA 1972). In Reynolds the supreme court disapproved this court's opinion in Hill v. State, 184 So.2d 457 (Fla. 3d DCA 1966), which held that the language of the rule did not allow a prisoner in New Jersey to file a postconviction motion regarding a ......
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State v. Reynolds, 38848
...is in conflict with the decisions of the First District in Holstein v. State, 205 So.2d 6 (1967) and of the Third District in Hill v. State, 184 So.2d 457 (1966). We have In Lawson v. State, Fla., 231 So.2d 205 (opinion filed January 28, 1970), this Court held that a prisoner serving consec......
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Hill v. State
...Oct. 12, 1966. Appeal from Criminal Court of Record, Dade County; Jack M. Turner, Judge. PER CURIAM. Appeal dismissed. See also Fla.App., 184 So.2d 457. ...