JETSON RAY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Ray, an 18-year-old convicted of burglary and assault without counsel representation in 1945, petitioned for habeas corpus relief. The Florida Supreme Court, applying Gideon v. Wainwright retroactively, held that Ray was constitutionally entitled to a new trial because he was denied the right to counsel without waiver.
Ray is entitled to a new trial under the retroactive application of Gideon v. Wainwright because he was not informed of his right to counsel, did not waive it, and did not have counsel's assistance at his trials.
“Ray, who was 18 years old at the time of the conviction, was not informed of his right to counsel, did not waive the right, and did not have the assistance of counsel at either trial.”
Establishes the factual basis for the constitutional violation based on the Commissioner's findings.
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Join FLexlaw to unlock all legal intelligenceRay was charged with burglary and intent to rape in Information #28734. Without counsel, he pleaded guilty and was sentenced to life imprisonment. Tha…
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Ray seeks release from the State Prison by an application for a writ of habeas corpus.
At 9:30 A.M., April 14, 1945, the petitioner was arraigned in the Criminal Court of Record for Orange County on Information #28734, which charged him with burglary, as follows:
“ * * * Did unlawfully break and enter, in the nighttime, a dwelling house, the property of J. A. Kinker, with intent to commit a felony therein, to wit: rape, with intent to unlawfully assault and have carnal intercourse against the will and consent of a female lawfully therein, to wit: Mrs. J. A. Kinker.”
After Mrs. Kinker testified for the state, Ray, without the assistance of counsel, pleaded guilty, was adjudged guilty and sentenced to life imprisonment. The court recessed at 10:00 A.M. and resumed session at 11:15 A.M. At this time, the judgment and sentence under Information #28734 was set aside upon oral motion by the prosecuting attorney for the state. Ray was then again arraigned under Information #28735, charging him with burglary and assault as follows:
“ * * * Did unlawfully break and enter, in the nighttime, a dwelling house, the property of J. A. Kinker, with intent to commit a felony therein, to wit: rape, with intent to unlawfully assault and have carnal intercourse against the will and consent of a female lawfully therein, to wit: Mildred Kinker; and the said defendant, Jetson Ray, while unlawfully therein, did unlawfully make an assault upon a person lawfully therein to wit: Mildred Kinker, by unlawfully placing his .hands upon the body and person of the said Mildred Kinker, thereby attacking, frightening, scaring, bruising and otherwise mistreating the said Mildred Kinker.”
Ray again pleaded guilty, without the assistance of counsel, was adjudged guilty and again was sentenced to life imprisonment. The Court then recessed at 11:30 A.M. On June 1, 1945, an order of Nolle Prosequi was entered on Information #28734 — the first conviction.
We issued a writ and required a return. After a full hearing on this matter, a court-appointed Commissioner, Circuit Judge Roger A. Barker, concluded that Ray, who was 18 years old at the time of the conviction, was not informed of his right to counsel, did not waive the right, and did not have the assistance of counsel at either trial. The findings and recommendations of the Commissioner are supported by the record. It becomes clear, therefore, under the retroactive application of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), that Ray is entitled to a new trial. Furman v. State, 162 So.2d 308 (Fla.App. 1964); King v. State, 157 So.2d 440 (Fla. App.1963) ; Gideon v. Wainwright, 153 So. 2d 299 (Fla.1963).
Any subsequent trial of this petitioner on the charge described by Information #28735 will be subject to any defenses available to the accused at the time of his original trial on this information in the light of his prior conviction under Information #28734 which was vacated on the State’s motion and subsequently nol-prossed.
The judgment of conviction under aforesaid Information #28735, pursuant to which this petitioner is presently incarcerated, is hereby set aside but the petitioner is remanded to the custody of the respondent with directions to return him to the custody of the Sheriff of Orange County, Florida and there to await proper and prompt dis*531position of the charge which remains pending under the last-numbered information.
It is so ordered.
THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.
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Cited By
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Johnson v. State, 904 So. 2d 400 (Fla. 2005)…So. 2d 674, 677@ (Fla. 1974) (acknowledging a limited retroactivity of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), where defendant's interrogation occurred before Miranda, but the trial occurred afterwards); Ray v. State, 200 So. 2d 529, 530 (Fla. 1967) ("It becomes clear, therefore, under the retroactive application of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. [*420] 792, 9 L.Ed.2d 799 (1963), that Ray is entitled to a new trial.”). . Our opinion in Witt cited approvingly to A…
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Hughes v. State, 901 So. 2d 837 (Fla. 2005)…d 674, 677 (Fla.1974) (acknowledging a limited retroactivity of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, [*857] 16 L.Ed.2d 694 (1966), where defendant’s interrogation occurred before Miranda, but the trial occurred afterwards); Ray v. State, 200 So. 2d 529, 530 (Fla.1967) (stating that: "It becomes clear, therefore, under the retroactive application of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), that Ray is entitled to a new trial"). . As the majority concedes, this Court…
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Jetson RAY v. State, 231 So. 2d 813 (Fla. 1969)…ERVIN, Chief Justice. Petitioner Ray seeks release from the State Prison by application for a writ of habeas corpus. The factual background of the present controversy is set forth in this Court’s opinion in Ray v. State (1967), 200 So. 2d 529. The following is a summary of the critical facts established in that decision: Petitioner was arraigned in the Orange County Criminal Court of Record on April 14, 1945, on Information No. 28734, which charged him with burglary. After a witness, Mrs…
Authorities Cited
- Gideon v. Wainwright, 372 U.S. 335 (U.S. 1963)
- King v. State, 157 So. 2d 440 (Fla. 2d DCA 1963)
- Gideon v. Louie L. Wainwright, 153 So. 2d 299 (Fla. 1963)
- Furman v. State, 162 So. 2d 308 (Fla. 3d DCA 1964)