ERNEST DALLAS, PETITIONER,
v.
LOUIE L. WAINWRIGHT, 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. The court remanded the case for resentencing.
Yes, the sentence was illegal because it exceeded the statutory maximum. The court ordered the petitioner to be remanded for resentencing in accordance with the law.
“It is obvious and the Attorney General concedes that the sentence imposed was more severe than is provided in Section 784.06, F.S.A.”
Establishes the concession by the state that the sentence was illegal.
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Join FLexlaw to unlock all legal intelligenceThe petitioner, Ernest Dallas, received a 30-year sentence for assault with intent to commit murder in the second degree. The relevant statute, Sectio…
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The court issued a writ of habeas corpus in the above-styled cause and it is now considered on the return and amended return of the Attorney General.
It is obvious and the Attorney General concedes that the sentence imposed was more severe than is provided in Section 784.06, F.S.A. There the maximum sentence which may be inflicted for commission of assault with intent to commit murder in the second degree is 20 years whereas in the present case the trial court passed upon the petitioner a sentence of 30 years.
Therefore, it is ordered that the petitioner be remanded to the Circuit Court of the Tenth Judicial Circuit for Highlands County, Florida, for the imposition of a sentence in conformity with law.
We decide this matter on habeas corpus without relegating the petitioner to Criminal Rule No. 1, Fla. Rules of Criminal Procedure, because of the fundamental error appearing on the face of the sentence which renders it void.
THOMAS, Acting C. J., and ROBERTS, THORNAL, O’CONNELL and CALDWELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Geter v. Wainwright, 380 So. 2d 1203 (Fla. 3d DCA 1980)…re of his sentence he was not eligible for parole consideration. Thereupon, Geter filed the instant petition for writ of habeas corpus challenging the 10-year mandatory sentence. We have jurisdiction to entertain this petition. Dallas v. Wainwright, 175 So. 2d 785 (Fla.1965). The lead case with respect to the imposition of a mandatory prison sentence as a condition of probation is Shead v. State, 367 So. 2d 264 (Fla. 3d DCA 1979) wherein this court held: “. . . Although a short jail or prison sentence may b…
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Davis v. Louie L. Wainwright, 408 So. 2d 824 (Fla. 3d DCA 1982)…bation imposed as to Count II. The argument of taint is without merit. Petitioner is entitled to be and is hereby discharged. . We have jurisdiction under Art. V, § 4(b)(3), Fla.Const. and Fla.R.App.P. 9.030(b)(3). See, e.g., Dallas v. Wainwright, 175 So. 2d 785 (Fla. 1965); Geter v. Wainwright, 380 So. 2d 1203 (Fla.3d DCA 1980).…
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State v. Stack, 33 Fla. Supp. 64 (Broward Cty. Cir. Ct. 1969)…to trial fails to charge an offense, contains fundamental error on its face, and is void. State ex rel. Swanboro v. Mayo, 1944, 155 Fla. 330, 19 So. 2d 883; State ex rel. Kelly v. Whisnant, Fla. 1955, 80 So. 2d 611; Dallas v. Wainwright, Fla. 1965, 175 So. 2d 785; Kittleson v. State, 1942, 152 Fla. 242, 9 So. 2d 807. The state argues that where the sufficiency of an information is challenged by motion and no appeal is taken from a judgment of conviction, habeas corpus cannot be used as a substitute for an o…1 / 2
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