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BELLCASE v. STATE

No. 81-807.

406 So.2d 116 (1981)

Robert L. BELLCASE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 25, 1981.

Attorney(s) appearing for the Case

Robert L. Bellcase, pro se.

No appearance for appellee.

ORFINGER, Judge.

Appellant contends that the trial court erred in denying his motion for post-conviction relief, because appellant was not "a prisoner in custody" as required by Florida Rules of Criminal Procedure 3.850.1 The record before us makes it appear that after conviction, appellant was placed on probation for five years upon condition that he serve eleven months and thirty days in jail, and that he is no longer incarcerated.<...

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