ESTIL MULLINS, 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 the sentence imposed on the petitioner was illegal because it exceeded the statutory maximum penalty for the offense. The court ordered the petitioner to be resentenced by the lower court.
Yes, the sentence was illegal because it exceeded the statutory maximum penalty of five years. The court held that the petitioner must be resentenced within the bounds of the law.
“Therefore, as the Attorney General concedes, the sentence was not authorized so it is the order of the court , that the petitioner be remanded to the custody of the respondent who is directed to produce him before the Circuit Court of the Seventh Judicial Circuit in Volusia County for the imposition of a sentence within the terms of the statute.”
This quote establishes the court's decision to grant the writ and order resentencing due to the unauthorized sentence.
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Join FLexlaw to unlock all legal intelligenceThe petitioner was sentenced to imprisonment for six months to 10 years for breaking and entering with intent to commit a misdemeanor. The respondent'…
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It appears from the petition for writ of habeas corpus that the petitioner was sentenced to imprisonment for a term of six months to 10 years for the offense of breaking and entering with intent to commit a misdemeanor, and it is recited in the return of the respondent that such was the case.
The penalty for the crime is fixed in Sec. 810.05, Florida Statutes, F.S.A., at imprisonment not exceeding five years (or fine not exceeding $500).
Therefore, as the Attorney General concedes, the sentence was not authorized so it is the order of the court , that the petitioner be remanded to the custody of the respondent who is directed to produce him before the Circuit Court of the Seventh Judicial Circuit in Volusia County for the imposition of a sentence within the terms of the statute.
THOMAS, C. J., and ROBERTS, DREW, THORNAL and O’CONNELL, JJ-, concur.
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