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Shedrick v. State
235 So. 2d 57
Fla. Dist. Ct. App.
1970
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PER CURIAM.

This appeal from a denial of defendant’s motion under Rule 1.850, Cr.P.R., 33 F.S. A., to vacate a sentence of the Criminal Court of Record for Palm Beach County, Florida, is affirmed on the authority of State ex rel. Rhoden v. Chapman, 1937, 127 Fla. 9, 172 So. 56, but without prejudice to the defendant’s right to re-apply to the trial court for the relief previously sought should the United States Supreme Court hereafter hold that the resentencing standards it announced in North Carolina v. Pearce, 1969, 395 U.S. 711, 89 S.Ct. *582072, 23 L.Ed.2d 656, must be applied retroactively.

Affirmed.

WALDEN, REED and OWEN, JJ., concur.

Case Details

Case Name: Shedrick v. State
Court Name: District Court of Appeal of Florida
Date Published: May 13, 1970
Citation: 235 So. 2d 57
Docket Number: No. 69-579
Court Abbreviation: Fla. Dist. Ct. App.
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