RICHARD GORMAN, PETITIONER,
v.
H. G. COCHRAN, JR., DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
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A guilty plea to an information charging felony escape precludes a habeas corpus challenge to the factual basis of the charge. Subsequent convictions cannot be challenged in the current habeas corpus proceeding.
Petitioner sought a writ of habeas corpus, contending he was sentenced for felony escape based on a misdemeanor charge. The information, however, char…
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This Court’s writ of habeas corpus heretofore issued upon petition of Richard Gor-man,. and respondent has filed his response thereto.
The effect of the petition was the contention that petitioner had been sentenced for the felony of escape upon an information charging only the misdemeanor of escape.
The return reflects petitioner was informed against for commission of the offense of escape while imprisoned pursuant to a felony charge, to which charge he plead guilty. Hence, petitioner was charged therein with a felony. Sec. 944.40, F.S.A.
The petition could be taken to further raise the question whether in fact petitioner, at the time of his escape, was actually incarcerated under a “charge” of a felony within the purview of the statute, Sec. 944.40, supra. However, in view of the fact petitioner plead guilty to the information charging him with the offense of escape, we cannot now in this habeas corpus proceeding undertake to explore the factual aspects of the matter which could have been tendered as a defense at the trial. Melton v. Culver, Fla.1958, 107 So.2d 378.
In an amendment to his petition the petitioner contended that subsequent con*668victions for other offenses were illegal. Since he is presently lawfully detained, as herein determined, petitioner cannot at this time question any future detention under other convictions. Hitson v. Mayo, Fla.1955, 82 So.2d 591.
Accordingly, the writ heretofore issued should be, and hereby is, quashed, and the petitioner remanded to the custody of the respondent, without prejudice to bring habe-as corpus proceedings questioning his detention under the convictions complained of in the amended petition for habeas corpus at such time petitioner begins the serving of the sentences received thereunder.
THOMAS, C. J., and ROBERTS, DREW, THORNAL and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Mann v. Louie L. Wainwright, 191 So. 2d 867 (Fla. 1st DCA 1966)…ceedings to attack the validity of a consecutive sentence when he is presently confined under a sentence which he does not question. Fretwell v. Wainwright, 185 So. 2d 701 (Fla.1966) ; Byers v. Cochran, 143 So. 2d 319 (Fla.1962) ; Gorman v. Cochran, 127 So. 2d 667 (Fla.1961). In his brief submitted to this Court the appellant states that he is questioning his Broward County sentence by a habeas corpus proceeding now pending in the United States District Court for the Middle District of Florida. However, we ar…
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Byers v. Cochran, 143 So. 2d 319 (Fla. 1962)…itled on habeas corpus to question the validity of a consecutive sentence he has not yet begun to serve, since he is already in custody under a sentence which he does not question. Finch v. Mayo, Fla.1955, 79 So. 2d 770; Gorman v. Cochran, Fla.1961, 127 So. 2d 667. Accordingly, the writ heretofore issued must be quashed and the petitioner remanded to the custody of the respondent, without prejudice to his right to again petition for writ of habeas corpus wherein he may attack the second sentence, once he has…
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McEASTER v. State, 182 So. 2d 45 (Fla. 1st DCA 1966)…PER CURIAM. Affirmed on the authority of State ex rel. Baggs v. Frederick, 124 Fla. 290, 168 So. 252 (1936), and Gorman v. Cochran, 127 So. 2d 667 (Fla.1961). RAWLS, C. J., and CARROLL, DONALD K., and JOHNSON, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Moat v. Mayo, 82 So. 2d 591 (Fla. 1955)
- Hitson v. Mayo, 82 So. 2d 591 (Fla. 1955)
- Melton v. Culver, 107 So. 2d 378 (Fla. 1958)