EUGENE VAN ETTEN, PETITIONER,
v.
H. G. COCHRAN, JR., DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
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The Florida Supreme Court granted a writ of habeas corpus, finding that a sentence imposed for breaking and entering with intent to commit a misdemeanor was excessive. The court ordered the petitioner to be returned to the lower court for resentencing.
Yes, the sentence imposed was excessive because it exceeded the statutory maximum penalty for the offense.
“it being conceded by the respondent that the sentence imposed is excessive”
Establishes the respondent's agreement that the sentence was unlawful.
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Join FLexlaw to unlock all legal intelligenceThe petitioner pleaded guilty to breaking and entering with intent to commit a misdemeanor and was sentenced to six months to 15 years. The maximum pe…
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It now appearing from the petition for habeas corpus and from the return of the respondent that the petitioner was sentenced to confinement and committed to the custody of the Division of Corrections for a term of six months to 15 years upon his plea of guilty to the charge of breaking and entering with intent to commit a misdemeanor, and that the maximum penalty for such crime is five years in the state prison or county jail, and it being conceded by the respondent that the sentence imposed is excessive,
It is ordered that the petitioner be remanded to the custody of the respondent and that the respondent procure his return to the Circuit Court of Manatee County for the imposition of a new sentence conforming to the provisions of Section 810.05, Florida Statutes 1957, F.S.A.
THOMAS, C. J., and ROBERTS,. DREW, THORNAL and O’CONNELL,, JJ., concur.
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THE Florida BAR v. Stafford, 542 So. 2d 1321 (Fla. 1989)…nied, 393 U.S. 981, 89 S.Ct. 451, 21 L.Ed.2d 442 (1968); The Florida Bar v. Scott, 197 So. 2d 518 (Fla.1967) (six-month suspension); The Florida Bar v. Britton, 181 So. 2d 161 (Fla.1965) (three-month suspension); State ex rel. Florida Bar v. Bieley, 120 So. 2d 587 (Fla.1960) (six-month suspension); State ex rel. The Florida Bar v. Dawson, 111 So. 2d 427 (Fla.1959) (eighteen-month suspension). [*1323] Due primarily to opinions of the United States Supreme Court, the canons of ethics have been amended in some r…
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THE Florida BAR v. Wolfe, 759 So. 2d 639 (Fla. 2000)…67) (public reprimand); Scott (six-month probation); Florida Bar v. Britton, 181 So. 2d 161 (Fla.1965) (three-month suspension); State ex rel. Florida Bar v. Swidler, 159 So. 2d 865 (Fla.1964) (public reprimand); State ex rel. Florida Bar v. Bieley, 120 So. 2d 587 (Fla.1960) (six-month suspension); Dawson (eighteen-month suspension); State ex rel. Florida Bar v. Murrell, 74 So. 2d 221 (Fla.1954) (one-year minimum suspension). Despite the mitigating circumstances found to exist in the instant case, we agree w…
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THE Florida BAR v. Rose, 187 So. 2d 329 (Fla. 1966)…f the filing of his client’s affidavit before the circuit court grievance committee to the filing of the judgment of the board. In support of his position that the question must be answered in the negative, State ex rel. Florida Bar v. Bieley, Fla., 120 So. 2d 587; and of The Florida Bar v. King, Fla., 174 So. 2d 398, are mentioned; in the former, four years elapsed from the filing of the complaint before the grievance committee to the date of the filing of the judgment of the board, and in the latter, the ep…
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