STATE EX REL. HOKE WILLIAMS
v.
HON. J. E. ALBRITTON, AS SHERIFF OF DESOTO COUNTY
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The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner had not demonstrated that he had served the legally imposed portion of his sentence and that any issues with assessed costs could have been addressed through appeal or certiorari.
No, a writ of habeas corpus is not appropriate in this situation. The petitioner has not shown they served the legal portion of their sentence, and remedies such as appeal or certiorari were available to contest the costs.
“If the costs assessed were not within the legal amounts assessable, the defendant had remedy by appeal to contest the alleged illegal items and, if in reviewing the judgment and disposing of the issues the circuit court departed from the essential requirements of the law, the defendant had his remedy by certiorari to this Court.”
This quote establishes that the petitioner had alternative legal remedies to address the alleged illegal cost assessment, making habeas corpus inappropriate.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought a writ of habeas corpus, contending that his judgment and sentence were void due to an allegedly unlawful cost assessment. The p…
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This case is before us on petition for writ of habeas corpus.
It is contended that the judgment and sentence is void because an item of cost was assessed against the defendant which he could not lawfully be required to pay. If the costs assessed were not within the legal amounts assessable, the defendant had remedy by appeal to contest the alleged illegal items and, if in reviewing the judgment and disposing of the issues the circuit court departed from the essential requirements of the law, the defendant had his remedy by certiorari to this Court.
The petition does not show that petitioner has served that part of the sentence legally imposed upon him.
Petition is denied.
So ordered.
Terrell, C. J., Buford and Thomas, J. J., concur.
Whitfield, J., concurs in opinion and judgment.
Justices Brown and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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Forrest E. Nelson v. Lindsey, 151 Fla. 596 (Fla. 1942)…or board has no discretion in paying salaries of officers or performing other definite statutory duty, failure or refusal to perform the required duty may be remedied by mandamus. State ex rel. Weeks v. Gamble, 13 Fla. 9; State v. Lee, 142 Fla. 154, 194 So. 315. See also State v. Barker, 113 Fla. 865, 152 So. 682, 94 A.L.R. 1481; Cone v. State, 144 Fla. 738, 198 So. 689. “Section 8, Article VIII, of the Constitution provides : “The Legislature shall have power to establish, and to abolish, municipalities…
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State v. Honorable Tom Adams, 238 So. 2d 843 (Fla. 1970)…e allowed in cases of doubtful right, and it is generally regarded as not embraced within statutes of limitations application to ordinary actions, but as subject to the equitable doctrine of laches.” State ex rel. Perkins v. Lee, 1940, 142 Fla. 154, 194 So. 315, 317. See also State ex rel. Long v. Carey, 1935, 121 Fla. 515, 164 So. 199, 206, in which it was held that, even though Relator had a clear legal right for which mandamus was an appropriate remedy, the writ would not be issued when to do so would r…
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State v. THE City OF Miami, 156 Fla. 784 (Fla. 1946)…medy which is not awarded as a matter of right but in the exercise of sound judicial discretion, and then only when based upon equitable principles. It is not used to enforce or determine equitable rights. State ex rel. Perkins v. Lee, 143 Fla. 154, 194 So. 315. It may issue to coerce the performance of official duties where officials charged by law with the performance of a duty refuse or fail to perform the same. Over-street v. State ex rel. Carpenter, 115 Fla. 151, 155 So. 926. The relator must establis…
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