ROLAND MCAFEE, PETITIONER,
v.
H. G. COCHRAN, JR., DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
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Roland McAfee petitioned for habeas corpus after being convicted and sentenced to twenty years for breaking and entering with felonious intent while a minor. The Florida Supreme Court found that the State failed to comply with statutory requirements to notify his parents or guardian at the time of trial, invalidating his conviction and discharging him from custody.
The Court held that McAfee was being illegally restrained of his liberty under the conviction because the State failed to comply with the statutory notification requirements for a minor's parents or guardian. He was discharged from custody under the judgment but remanded pending appropriate disposition of the original charge.
“By petition for writ of habeas corpus, Roland McAfee contends that when he was tried and sentenced to a term of twenty years for the crime of breaking and entering for purpose of committing a felony he was an unmarried minor and that the State failed to comply with the provision of § 932.38, Florida Statutes, F.S.A., regarding the notification of his parents or guardian.”
Establishes the core legal issue: whether statutory notification requirements were violated for a minor defendant.
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Join FLexlaw to unlock all legal intelligenceRoland McAfee was an unmarried minor when tried and sentenced to twenty years for breaking and entering with purpose of committing a felony. The State…
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By petition for writ of habeas corpus, Roland McAfee contends that when he was tried and sentenced to a term of twenty years for the crime of breaking and entering for purpose of committing a felony he was an unmarried minor and that the State failed to comply with the provision of § 932.38, Florida Statutes, F.S.A., regarding the notification of his parents or guardian. We issued the writ. The return of the respondent denied the allegation that petitioner’s parents were not notified but submitted no supporting evidence and therefore this court appointed a commissioner to hear testimony, make findings thereon and recommendations on the factual issues. Respondent filed an amendment to the return admitting the absence of any competent evidence of compliance with the requirements of § 932.38, but the commissioner having been appointed, this court delayed final decision until it could evaluate the recommendations of the commissioner.
Now, after a review of all the proceedings, we are compelled to conclude that the petitioner is being illegally restrained of his liberty under the purported convic*643tion of the crime of breaking1 and entering for the purpose of committing a felony. He is accordingly discharged from custody under said judgment. However, he is remanded to the custody of respondent pending appropriate disposition of the aforesaid charge of breaking and entering for purpose of committing a felony. See Kinard v. Cochran, Fla., 113 So.2d 843; Giles v. Cochran, Fla., 129 So.2d 426. In the event the petitioner is again sentenced, due credit is to be given for the time served under the judgment here involved.
It is so ordered.
THOMAS, DREW, THORNAL and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kinard v. Cochran, 113 So. 2d 843 (Fla. 1959)
- Giles v. Cochran, 129 So. 2d 426 (Fla. 1961)