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115 So. 2d 3

Lanier v. Mayo

Supreme Court of Florida

Decided October 7, 1959

Supreme Court of Florida · decided 1959-10-07

Relies on Moat v. Mayo

Decided 1959-10-07

PER CURIAM.

¶1This cause came on to be heard on the return filed to the writ of habeas corpus previously issued. The return establishes that petitioner is legally in custody under valid commitments of courts of competent jurisdiction.

¶2A favorable decision on the convictions and sentences attacked by petitioner would not result in his release at this time. Hitson v. Mayo, Fla., 82 So.2d 591. Hence the application is premature, the writ is discharged, and the petitioner is remanded to the custody of the respondent.

THOMAS, C. J., TERRELL, ROBERTS, and THORNAL, JJ., and DONALD K. CARROLL, District Judge, concur.
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