W. H. LYLE, AS SHERIFF OF SUWANNEE COUNTY, FLORIDA, PLAINTIFF IN ERROR,
v.
H. S. WALTER, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a lower court's decision vacating a portion of a criminal sentence for illegal possession of intoxicating liquor. The court held that a county judge exceeded his jurisdiction by imposing an additional five-month prison sentence for failure to pay a fine, as his statutory authority was limited to a maximum of six months total imprisonment.
The county judge exceeded his jurisdiction. Although he could impose the maximum six-month imprisonment and a fine up to $500 for this misdemeanor, his statutory authority did not permit him to impose additional imprisonment beyond the maximum six months as a penalty for failure to pay the fine.
“The jurisdiction of the County Judge in criminal cases is, pursuant to Section 17 of Article V of the Constitution defined by Sections 6001 and 5995 of the Rev. Gen. Stats, of 1920 (Sections 8295 and 8289 Comp. Gen. Laws of 1927) and is directed to misdemeanors punishable by a fine of "not exceeding five hundred dollars or by imprisonment' not exceeding six months or by both such fine and imprisonment."”
Establishes the outer boundary of the county judge's sentencing authority in misdemeanor cases
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Join FLexlaw to unlock all legal intelligenceH. S. Walter was convicted in County Judge's Court of Suwannee County, Florida of possessing intoxicating liquors, a first-offense misdemeanor. The co…
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Writ of Error in this cause is to a judgment of the Circuit Court of Suwannee County on writ of habeas corpus remanding the petitioner to the County Judge’s Court of that county for proper sentence in a conviction for having in his possession intoxicating liquors. The pertinent part of the judgment complained of is as follows:
“ * * * it js the sentence 0f the iaw an¿ the judgment of the Court that you be confined in the County jail of Suwannee County, Florida, at labor at the order of the Board of County Commissioners for a period of six months, and pay a fine of Two Hundred Dollars, and all costs of this prosecution and upon your failure to pay said fine and costs, that you be confined in the County jail of Suwannee County, Florida, at labor at the order of the Board of County Commissioners for an additional time of five months, this last period to begin at the expiration of the first, * * * ”
The jurisdiction of the County Judge in criminal cases is, pursuant to Section 17 of Article V of the Constitution defined by Sections 6001 and 5995 of the Rev. Gen. Stats, of 1920 (Sections 8295 and 8289 Comp. Gen. Laws of 1927) and is directed to misdemeanors punishable by a fine of “not exceeding five hundred dollars or by imprisonment' not exceeding six months or by both such fine and imprisonment. ” Having in one’s possession intoxicating liquors (first offense) is a misdemeanor in this state punishable by a fine of not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months or by both such fine and imprisonment. Section 5486 Rev. Gen Stats, of 1920 (Section 7630 Comp. Gen. Laws of 1927).
*1459In tlie instant case the County Judge imposed the maximum imprisonment fixed by the law and in addition thereto a fine of two hundred dollars which was within his jurisdiction but when he attempted to impose an additional five months’ imprisonment for failure to pay the fine he exceeded his jurisdiction as defined by the law as here quoted. The judgment remanding the petitioner for proper sentence was therefore correct. Ex parte Simmons, 73 Fla. 998, 75 So. R. 542; Douglas v. Shackleford, 73 Fla. 889, 75 So. R. 203; Sargent v. Smith, 68 Fla. 77, 66 So. R. 430; Faison v. Vestal, 71 Fla. 562, 71 So. R. 759; Johnson v. State, 81 Fla. 783, 89 So. R. 114; Porter v. State, 62 Fla. 79, 56 So. R. 406.
Affirmed.
Whitfield, Ellis, Strum and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Adjmi v. State, 139 So. 2d 179 (Fla. 3d DCA 1962)…ce is imposed is a misdemeanor and in either the state prison or the county jail if the offense for which the sentence is imposed is a felony, and the sentence shall specify where such term is to be served.” The appellants rely upon Lyle v. Walker, 100 Fla. 1457, 131 So. 383, which held that a county judge who had imposed the maximum imprisonment fixed by law and in addition thereto imposed a fine was within his jurisdiction, but when he attempted to impose an additional imprison- [*189] tnent for failure t…
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In re Petition of Angelo D 'Allesandro, 106 Fla. 673 (Fla. 1932)…t exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. ’ ’ ■ Section 5486 Revised General Statutes of 1920 (Section 7630 Compiled General Laws of 1927). On authority of Lyle vs. Walter, 100 Fla. 1457, 131 So. 383, the additional six months imprisonment in the County jail for failure to pay the fine and imprisonment imposed in the first place was in excess of the jurisdiction of the judge of the County Court and was without [*675] effect. For thi…
Authorities Cited
- Johnson v. State, 81 Fla. 783 (Fla. 1921)
- Ex parte Simmons, 75 So. 542 (Fla. 1917)
- Cannon Porter v. State, 62 Fla. 79 (Fla. 1911)
- Faison v. Vestal, 71 Fla. 562 (Fla. 1916)
- McDonald v. Smith, 68 Fla. 77 (Fla. 1914)
- Douglass v. W. J. Shackelford as Marshal of the City of Lake City, 73 Fla. 889 (Fla. 1917)