Lawson v. State, 68--126
| Decision Date | 05 August 1969 |
| Docket Number | No. 68--126,68--126 |
| Citation | 225 So.2d 581 |
| Parties | Reuel LAWSON, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert L. Koeppel, Public Defender, and Gregory B. Hoppenstand, Asst. Public Defender, for appellant.
Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for appellee.
Before PEARSON, C.J., and CHARLES CARROLL and BARKDULL, JJ.
The appellant, having been charged by information with the crime of armed robbery, when arraigned in the Dade County Criminal Court of Record pleaded guilty to the offense of robbery, and on September 3, 1953, was so adjudged and sentenced therefor to confinement in the state penitentiary for a period of ten years. This appeal is from a ruling of the trial court denying his fourth motion for relief therefrom, filed on October 9, 1967, under Rule 1.850 CrPR 33 F.S.A. The order of the trial court, entered January 30, 1968, was on the merits of the motion and did not deal with the question of the status of the defendant's confinement as having a bearing on his standing to apply under the rule for such relief.
The defendant appealed, and thereafter a motion was filed in this court by the appellant, through the public defender as his counsel, requesting that jurisdiction be relinquished to the trial court to consider and rule on the question of whether the defendant-appellant had standing to file the motion for relief, upon consideration of his status as to confinement. We granted the motion, and thereafter the trial court entered an order holding that the motion for relief should be denied on that ground, stating 'That movant is not presently incarcerated by virtue of the sentence heretofore imposed upon him in this cause on September 3, 1953.' In that order the trial court also repeated the holding of its prior order that the grounds for relief asserted in the motion were refuted by the record.
The cause then was resumed here, and the point relating to the right of the movant to seek relief was briefed and argued. Whereupon, contrary to the ruling of the trial court on that point, we conclude and hold that in the circumstances presented as to the confinement status of the defendant-appellant, he had standing to move for relief from the 1953 adjudication and sentence. The record discloses that after serving approximately three years of the ten year sentence of September 3, 1953, the appellant was paroled in 1956; that thereafter he...
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Lawson v. State
...on petition for writ of certiorari supported by certificate of the District Court of Appeal, Third District, that its opinion reported in 225 So.2d 581, is one which involves a question of great public interest. See Sec. 4(2), Art. V, Florida Constitution, The certificate accompanying the d......
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Polo v. State, 70--58
...since appellant is presently imprisoned in Florida, it is not a proper ground under the law of this state as set forth in Lawson v. State, Fla.App.1969, 225 So.2d 581; Lawson v. State, Fla.1970, 231 So.2d 205; Reynolds v. State, Fla.App.1969, 224 So.2d 769; State v. Reynolds, Supreme Court,......
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Lawson v. State, 68-126
...C.J., and CHARLES CARROLL and BARKDULL, JJ. ORDER ON MANDATE PER CURIAM. Whereas, the judgment of this court was entered on August 5, 1969 (225 So.2d 581) affirming the order of the Criminal Court of Record for Dade County, Florida, in the above styled cause; Whereas, on review of this cour......