PAUL BROOKS
v.
H. G. COCHRAN, JR., DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court released a petitioner from state prison via habeas corpus, finding his detention was based on convictions for issuing worthless checks that were legally insufficient to support felony charges. The court applied its prior ruling in State ex rel. Shargaa v. Culver, which established that such charges, without alleging receipt of value, only constitute misdemeanors.
The informations were insufficient to charge felonies for issuing worthless checks because they failed to allege that the petitioner received anything of value. Therefore, the charges only constituted misdemeanors, and since the petitioner had served the maximum sentence for these misdemeanors, along with his sentence for escape, he was entitled to release.
“Upon petition showing that petitioner's detention in the state prison is predicated upon three convictions based on informations charging him with issuing worthless checks without alleging that he received anything of value therefor, we issued the writ of habeas corpus under the authority of State ex rel. Shargaa v. Culver, Fla.1959, 113 So. 2d 383.”
This quote establishes the basis for the court's review and the nature of the petitioner's challenge.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe petitioner was detained in state prison based on three convictions for issuing worthless checks. The informations charging these offenses did not …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Issuing Worthless Checks cases and more on FLexlaw
Upon petition showing that petitioner’s detention in the state prison is predicated upon three convictions based on informations charging him with issuing worthless checks without alleging that he received anything of value therefor, we issued the writ of habeas corpus under the authority of State ex rel. Shargaa v. Culver, Fla.1959, 113 So.2d 383.
By the respondent’s Return to the writ it appears — and the respondent concedes — that, under the decision of this court in State ex rel. Shargaa v. Culver, supra, the informations were sufficient only to charge the petitioner with the commission of a misdemeanor punishable by a maximum term of imprisonment of 90 days; and that the permissible sentences, together with a sentence imposed upon petitioner on account of an escape charge, have been served.
Accordingly, the petitioner Brooks is entitled to be and he is hereby released from the custody of the respondent.
It is so ordered.
THOMAS, C. J., and TERRELL, HOBSON and ROBERTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State of Fla. ex rel. B. "Babe" Shargaa v. Culver, 113 So. 2d 383 (Fla. 1959)