IN RE J. R. CAMP
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The Florida Supreme Court addressed a habeas corpus petition concerning a sentence that exceeded statutory limits for automobile larceny. The court found the sentence illegal and ordered the petitioner remanded for a proper sentence.
Yes, the sentence imposed was illegal because it exceeded the statutory maximum of five years for automobile larceny.
“As the sentence is in excess of that fixed by law, the petitioner will be remanded to the Criminal Court of Record for Orange County for a proper sentence.”
Establishes the court's finding that the sentence was illegal due to exceeding statutory limits.
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Join FLexlaw to unlock all legal intelligenceJ. R. Camp was convicted of larceny of an automobile. The jury found him guilty as charged, and the court sentenced him to five and a half years in st…
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Whitfield, J.
In habeas corpus proceedings it appears that in the Criminal Court of Record for Orange County, J. R. Camp and J. Y. Sanders were charged with the larceny of a Ford touring car automobile. At the trial “the court instructed the jury that the evidence was not sufficient to warrant them in bringing in a verdict of guilty against J. V. Sanders, and therefore they must deal solely with J. R. Camp.” The verdict was: “We, the jury, find the defendant guilty as charged. So say we all.” The court rendered the following judgment:'
“Now on this day came in person the defendant, J. R. Camp in open court, and being asked by the court whether he had any thing to say why sentence of the law should not be pronounced upon him, says nothing. It is therefore the judgment, order and sentence of the court that you, J. R. Camp, for the crime of which you have been and stand convicted, be imprisoned for five and one half years in the State Prison from the date of your delivery to the officers thereof. ’ ’
The statute provides that any person convicted of. the larceny of £,n automobile “shall be punished by imprisonment in the State prison for a term of not exceeding five years, or by fine not exceeding five thousand dollars.” Sec. 5142 Rev. Gen. Stats. 1920.
As the sentence is in excess of that fixed by law, the petitioner will be remanded to the Criminal Court of Record for Orange County for a proper sentence. See Ex Parte Simmons, 73 Fla. 998, 75 South Rep. 542.
It is so ordered.
Terrell and Bueord, J. J., concur. Brown, C. J., and Ellis and Strum, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bouie v. State, 360 So. 2d 1142 (Fla. 2d DCA 1978)…erally attacked at any time, even after the period for taking a direct appeal has expired. Bascelio v. Mayo, 81 So. 2d 649 (Fla.1955); Collingsworth v. Mayo, 77 So. 2d 843 (Fla.1955); Smith v. Mayo, 63 So. 2d 510 (Fla.1953); In re Camp, 92 Fla. 185, 109 So. 445 (Fla.1926). [*1144] Consistent with the policy of allowing unlawful length of a criminal penalty to be raised at any time, we hold that the appellant may raise this issue after the period for a direct appeal has elapsed, by way of this appeal from t…
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Collingsworth v. Mayo, 77 So. 2d 843 (Fla. 1955)…where the sentence imposed on a criminal charge is in excess of that authorized by law, a defendant held in custody pursuant to such sentence is entitled, in a habeas corpus proceeding, to be remanded for a proper sentence. In re Camp, 92 Fla. 185, 109 So. 445; Coleman v. State ex rel. Jackson, 140 Fla. 772, 193 So. 84. As the sentence in the present case is in excess of that authorized by law, the petitioner should be remanded to the Circuit [*845] Court for Santa Rosa County, Florida, for the impositio…
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Bascelio v. Mayo, 81 So. 2d 649 (Fla. 1955)…st be remanded to the criminal court of record of Hillsborough County, Florida, for the imposition of a proper sentence. Collingsworth v. Mayo, Fla., 77 So. 2d 843; Coleman v. State ex rel. Jackson, 140 Fla. 772, 193 So. 84; In re Camp, 92 Fla. 185, 109 So. 445. It is so ordered. DREW, C. J., and THOMAS and THORNAL, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ex parte Simmons, 75 So. 542 (Fla. 1917)