S. AIKEN CAMPBELL
v.
STATE
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This case reviews a judgment where a defendant pleaded guilty to obtaining money under false pretenses, had his sentence suspended, and then later received a five-year prison sentence. The appellate court affirmed the judgment, relying on a prior ruling.
Yes, the court held that the Criminal Court of Record had the power and jurisdiction to impose the sentence. The judgment imposing the sentence was affirmed.
“It Is Further Considered, Ordered and Adjudged that the passing of sentence be and the same is hereby sus [*136] pended from day to day and term to term until the further order of this Court;”
This quote establishes the initial suspension of sentence by the lower court.
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Join FLexlaw to unlock all legal intelligenceThe defendant, S. Aiken Campbell, pleaded guilty to obtaining money under false pretenses in March 1934, and the court suspended sentencing. In Septem…
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The writ of error brings for review judgment of the Criminal Court of Record in and for Dade County, Florida.
It is contended that because the defendant pleaded guilty and was adjudged guilty of the offense of obtaining money under false pretense in the Criminal Court of Record of Dade County, Florida, on the 16th day of March, 1934, the judgment reading as follows:
“It appearing unto this Court that you, S. Aiken Campbell, have pleaded guilty to obtaining money-under false pretenses
“It Is Therefore the Judgment of the law and it is hereby adjudged that you are and stand guilty of said offenses and each Count (1 to 5 Inc.) of said information.
“It Is Further Considered, Ordered and Adjudged that the passing of sentence be and the same is hereby sus*136pended from day to day and term to term until the further order of this Court;
“Done and Ordered in open Court at Miami, Dade County, Florida, this 16th day of March, A. D. 1934.”— the Criminal Court of Record of Dade County, Florida, was without power and jurisdiction to enter this judgment on the 18th day of September, 1935, as follows.
“It Is Further Considered, Ordered and Adjudged that you S. Aiken Campbell be irhprisoned by confinement at hard labor in the State Penitentiary for a term of One (1) Year upon each count of the information in this cause. Sentences of one year as to each count of the information to run consecutively with each of the other counts of said information, making a total of five (5) years sentence in all.
“Done and Ordered in open Court at Miami, Dade County, Florida, this 18th day of September, A. D. 1935.”
We hold that this case comes squarely within the purview of the enunciation of this Court in the case of Josephine Carnagio, et al., v. State, 106 Fla. 209, 143 Sou. 162, and on authority of the opinion and judgment in that case the judgment herein is affirmed.
So ordered.
' ISllis, C. J., and Terrell, J., concur.
■ Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Mussa C. Bateh, 110 So. 2d 7 (Fla. 1959)…entence from time to time and term to term and impose the sentence at any time. Illustrative of these cases are the following citations taken from the petition of the Attorney General: Carnagio v. State, 106 Fla. 209, 143 So. 162; Campbell v. State, 131 Fla. 135, 179 So. 137; Bronson v. State, 148 Fla. 188, 3 So. 2d 873; Pinkney v. State, 160 Fla. 884, 37 So. 2d 157; and Collingsworth v. Mayo, Fla., 77 So. 2d 843. The last two of these were decided after Chapter 948, supra, the probation act, became a law,…
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Mussa C. Bateh v. State, 101 So. 2d 869 (Fla. 1st DCA 1958)…115 Mass. 133; State v. Addy, 1881, 43 N.J.L. 113. . 26 Fla. 310, 8 So. 425. . Tanner v. Wiggins, 54 Fla. 203, 45 So. 2d 459, 462. . All emphasis supplied by this court. . Carnagio v. State, 106 Fla. 209, 143 So. 162, 164. . Campbell v. State, 131 Fla. 135, 179 So. 137. . 148 Fla. 188, 3 So. 2d 873, 874. . 160 Fla. 884, 37 So. 2d 157, 158. .See: Carnagio v. State, supra, note 7, wherein the Florida Court held that a trial is not complete until sentence is passed. . F.S. § 919.23(1), F.S.A. . Fla.…
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Odester Bronson v. State, 148 Fla. 188 (Fla. 1941)…ed a sound judicial discretion in revoking- the custody and imposing a lawful sentence under the judgment of guilt on the plea of guilty. See Ex parte Williams, 26 Fla. 310, 8 So. 425; Carnagio v. State, 106 Fla. 209, 143 So. 162; Campbell v. State, 131 Fla. 135, 179 So. 137. See also Tanner v. Wiggins, 54 Fla. 203, 45 So. 459. There is nothing in the statutes to limit or restrain the court’s inherent power to suspend pronouncement of sentence, once having entered a judgment of conviction upon a plea of gu…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carnagio v. State, 106 Fla. 209 (Fla. 1932)