The State having filed a motion to quash and it appearing that the appellant is not presently incarcerated under the sentence complained of in his petition for relief under Criminal Procedure Rule 1, F.S.A. ch. 924, Appendix, the motion to quash be and the same is hereby granted upon the authority of- McCormick v. State, Fla.App.1964, 164 So.2d 557, (opinion filed June 2, 1964).
Motion granted and appeal quashed.