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MAXWELL CUMMINGS, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Appellant's motion for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, denial of which is here appealed, sought to vacate sentences entered in Orange County which would "run consecutive to" sentences imposed in Volusia County. Accordingly, it is apparent on the face of the motion that relief under Rule No. 1 is not presently available, the motion was properly denied and the denial is affirmed.

ALLEN, Acting C.J., and SHANNON and WHITE, JJ., concur.

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CUMMINGS v. STATE
(Aug 12, 1964)