CLAYTON PAT RICHARDSON, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR OF THE DIVISION OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court denied a habeas corpus petition, holding that time spent on parole must be excluded when calculating the completion of a sentence. This ensures that parole violations do not count towards serving the sentence.
No, time spent on parole does not count towards the completion of a prison sentence. Therefore, Richardson's sentence had not expired.
“The amount of time the petitioner has been on parole must be excluded in determining whether the sentence has been served.”
Establishes the core legal principle for calculating sentence completion when parole is involved.
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Join FLexlaw to unlock all legal intelligencePetitioner Clayton Pat Richardson sought a writ of habeas corpus, claiming his sentence had expired after more than five years. The respondent Directo…
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Petitioner here has filed a petition for writ of habeas corpus, alleging that on November 24, 1959 he was sentenced- in Marion County, Florida, to a term of six months to five years at hard labor to be served in the Florida State prison; that more than five years have elapsed, and therefore he is being illegally held in custody by the respondent Director of the Florida Division of Corrections.
A response to the allegations of said petition has been filed by the Director of the Division of Corrections, in which it appears that petitioner, Clayton Pat Richardson, Number 68040, was on parole from January 29, 1963 to July 10, 1964, at which time he was returned to the Florida State prison for violation of the provisions of the parole, for the completion of the sentence.
The amount of time the petitioner has been on parole must be excluded in determining whether the sentence has been served. Therefore, the application for writ of habeas corpus is denied.
DREW, C. J., and THOMAS, ROBERTS, THORNAL and O’CONNELL, JJ., concur.
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Theroux v. Louie L. Wainwright, 198 So. 2d 324 (Fla. 1967)…PER CURIAM. Petition for writ of habeas corpus herein is denied on authority of Richardson v. Wainwright (Fla.1965), 171 So. 2d 375, and F.S. Section 947.21, F.S.A. THORNAL, C. J., and DREW, O’CON-NELL, CALDWELL and ERVIN, JJ., concur.…