NEOMA CAUHN, ALIAS JANE DOE, ALIAS NAOMI KUHN, MADELINE NELSON AND JOE DOE, ALIAS BUDDY, ALIAS ARDEN KUHN, PLAINTIFFS IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR

Fla. | 1929-07-18
Whitfield, P. J., and Strum, J., concur., Terrell, C. J., and Ellis and Brown, J. J., concur in the opinion and judgment.
98 Fla. 185 Florida Supreme Court (1929) Positive Treatment
Cited by 6 cases

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Synopsis

The Florida Supreme Court quashed a writ of error and remanded a case because the record lacked a formal judgment of conviction, rendering the sentence void. The court emphasized the necessity of a proper judgment before a sentence can be legally imposed.

Holding

No, a sentence imposed without a formal judgment of conviction is void.

Key Quotes

“In this case it becomes necessary for us to quash the writ of error and remand the cause because there appears in the record no judgment of conviction.”

Establishes the primary reason for the court's decision.

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Facts & Procedural History

Defendants were convicted by a jury and sentenced to five years in state prison following an information filed in the Criminal Court of Record. Howeve…

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Topics
Void Sentence Judgment Of Conviction Sentence

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Opinion of the Court
Buford, J.

Buford, J.

In this case it becomes necessary for us to quash the writ of error and remand the cause because there appears in the record no judgment of conviction. The defendants were tried upon an information filed in the Criminal Court of Record in and for Hillsborough County. They were convicted by the jury and were sentenced to serve five years each in the State prison. The sentence was not upon a judgment of conviction pronounced by' the court, without which the sentence is void. See Smith v. State, 75 Fla. 478, 78 So. R. 530; Johnson v. State, 81 Fla. 783, 89 So. R. 114; Harris v. State, 75 Fla. 527, 78 So. R. 526; Norwood v. State, 80 Fla. 613, 86 So. R. 506; Timmons v. State, decided January, 1929, reported 119 S. 393.

It is therefore the .judgment of this Court that the writ of error be quashed and the cause remanded for further proceedings not inconsistent with this opinion.

Quashed and remanded.

Whitfield, P. J., and Strum, J., concur. Terrell, C. J., and Ellis and Brown, J. J., concur in the opinion and judgment.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ex Parte, 111 Fla. 584 (Fla. 1933)
    …years each from the date of your incarceration therein.” The above purported judgment and sentence was rendered by the Criminal Court of Record on October 18, 1927, which was prior to the decision of this Court in the case of Neoma Caughn v. State, 98 Fla. 185, 122 Sou. Rep. 565, wherein we held an exactly similar sentence void for want of a proper judgment of conviction upon which to base it. [*585] Where, upon habeas corpus, it appears that á sentence to the penitentiary is void, because of want of a pr…
  • Sterling Ingram v. State, 112 Fla. 410 (Fla. 1933)
    …rida for the period of Seven (7) years. “Thereupon, the prisoner was remanded to the custody of the Sheriff.” The sentence imposed is not supported by a proper adjudication of the defendant’s guilt. Therefore under the authority of Cauhn v. State, 98 Fla. 185, 122 Sou. Rep. 565, and cases therein cited, the writ of error should be quashed and the cause remanded to the Circuit Court for the proper [*412] resentencing of the defendant after judgment adjudicating guilt is first entered in appropriate form.…
  • Craig v. Noel, 112 Fla. 522 (Fla. 1933)
    …ecordation of a verdict of guilty followed by the imposition of a sentence to fine and imprisonment, without any specific adjudication of guilt as required by law. See Ellis v. State, 100 Fla. 27, 129 Sou. Rep. 106, 69 A. L. R. 783; Caughn v. State, 98 Fla. 185, 122 Sou. Rep. 565; Burns v. State, 97 Fla. 232, 120 Sou. Rep. 360; Ingram v. State, decided at the present term. For the error found the judgment must be reversed and the cause remanded with directions that a judgment be entered remanding the pris…

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