CALVIN BROWN, WALTER MCGEE AND JOHN NICHOLAS MULLEN, PLAINTIFFS IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court quashed a writ of error because the "judgment" being appealed was merely a sentencing order that lacked a formal adjudication of guilt, which is a necessary prerequisite for appellate review.
No, a sentencing order alone, without a formal adjudication of guilt and conviction, is not a reviewable judgment for a writ of error.
“This supposed judgment consists merely of an imposition of sentence; It lacks a definite adjudication of guilt- and conviction, the latter being necessary in order to sustain a writ -of error.”
Explains the deficiency in the lower court's judgment.
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Join FLexlaw to unlock all legal intelligencePlaintiffs in error were convicted of possessing burglarious tools and sentenced to five years imprisonment. They sued out a writ of error to review t…
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[*209] Per Curiam.
This writ of error was sued out to review a supposed judgment convicting plaintiffs in error of the offense denounced by Sec. 7221, Comp. Gen. Laws 1927, usually referred to as possession of burglarious tools. The supposed judgment to which the writ of error is addressed is shown by the transcript of the record to be as follows:
“It is the judgment of the Court and the sentence of the law that you Calvin Brown, alias Edwin DeLou alias Smiling Jack, alias Jack Russell, and you Walter McGee, alias Curley Lewis, alias Curley McGee, alias Alabama Red, and you, John Nicholas Mullen, alias Cowboy, and each of you be taken by the sheriff, or his lawful deputy to the States prison of the State of Florida, and delivered to the principal keeper thereof, and there to be confined in said States prison at hard labor for a period of five (5) years each from date-of your incarceration therein. ”
This supposed judgment consists merely of an imposition of sentence; It lacks a definite adjudication of guilt-and conviction, the latter being necessary in order to sustain a writ -of error. See Cauhn, et al., v. State, opinion filed July 18, 1929; Timmons v. State, 119 So. R. 393.
It is therefore ordered that the writ of error herein be quashed and the cause remanded for further proceedings consistent with this opinion.
Whitfield, P. J., and Strum and Buford, J. J., concur. Terrell, C. J., and Ellis and Brown, J. J., concur in the opinion and judgment.
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