JOHN HENRY GETER, PETITIONER,
v.
LOUIS L. WAINWRIGHT, SECRETARY, DEPARTMENT OF CORRECTIONS, RESPONDENT
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A lengthy mandatory prison sentence cannot be imposed as a condition of probation, as it primarily serves to punish and may improperly divest the Parole Board of its authority.
Petitioner pleaded guilty to robbery and was placed on probation for 15 years with a special condition of serving 10 years in state penitentiary. He w…
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PER CURIAM.
Petitioner, John Henry Geter, by writ of habeas corpus seeks review of his sentence for robbery.
John Geter was charged with robbery and after plea negotiations he entered a plea of guilty. The trial judge adjudicated him guilty, withheld sentence and placed him on probation for 15 years; however, as a special condition of probation, Geter was ordered to serve 10 years in the state penitentiary. After serving several years, Geter requested consideration for parole and was informed by the Department of Offender Rehabilitation that because of the nature of his sentence he was not eligible for parole consideration. Thereupon, Geter filed the instant petition for writ of habeas corpus challenging the 10-year mandatory sentence. We have jurisdiction to entertain this petition. Dallas v. Wainwright, 175 So. 2d 785 (Fla.1965).
The lead case with respect to the imposition of a mandatory prison sentence as a condition of probation is Shead v. State, 367 So. 2d 264 (Fla. 3d DCA 1979) wherein this court held:
“. . . Although a short jail or prison sentence may be imposed as a condition of probation if reasonably related to a rehabilitative purpose, State v. Jones, 327 So. 2d 18 (Fla.1976), it is doubtful whether a lengthy prison term, as here, can stand as a probationary condition when its primary, if not exclusive purpose is to punish the defendant. See Kominsky v. State, 330 So. 2d 800 (Fla. 1st DCA 1976). Moreover, it is further doubtful whether a trial court by this device can divest the Parole Board of its exclusive authority to parole a defendant on a prison sentence ...” 367 So. 2d 267-68
We, therefore, reverse the subject sentence and remand the cause to the trial court to impose a new sentence consistent with the view expressed herein.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981)…. Even before Villery, we held that a prison sentence not reasonably related to the purpose of probation was illegal. Cunningham v. State, 385 So. 2d 721 (Fla. 3d DCA 1980); Freeman v. State, 382 So. 2d 1307 (Fla. 3d DCA 1980); Geter v. Wainwright, 380 So. 2d 1203 (Fla. 3d DCA 1980); Shead v. State, 367 So. 2d 264 (Fla. 3d DCA 1979). . The position taken by the State is not confined to the present case. It has repeatedly urged that sentencing errors are to be corrected by trial courts, not by us. .The court…
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Cunningham v. State, 385 So. 2d 721 (Fla. 3d DCA 1980)
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Freeman v. State, 382 So. 2d 1307 (Fla. 3d DCA 1980)…bove. We have previously held that a lengthy prison term, which has the effect of precluding parole before the term expires, cannot be imposed as a condition of probation especially where its purpose is to punish the defendant. Geter v. Wainwright, 380 So. 2d 1203 (Fla.3d DCA 1980); Cooney v. State, 376 So. 2d 926 (Fla.3d DCA 1979); Shead v. State, 367 So. 2d 264 (Fla.3d DCA 1979). A review of the record leaves no doubt that the trial court’s imposition of a long term prison sentence, under the guise of a sp…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Shead v. State, 367 So. 2d 264 (Fla. 3d DCA 1979)
- Kominsky v. State, 330 So. 2d 800 (Fla. 1st DCA 1976)
- Dallas v. Louie L. Wainwright, 175 So. 2d 785 (Fla. 1965)