LEROY SLADE
v.
NATHAN MAYO, STATE PRISON CUSTODIAN
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The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the sentence imposed on the petitioner for a second offense of violating a statute related to alcoholic beverages was lawful and within the statutory limits.
Yes, the sentence imposed was lawful and within the terms of the applicable statutes.
“The return of respondent shows that petitioner was on the 29th day of August, 1941, informed against amongst other things, for violation of Section 562.15, Florida Statutes 1941, as a second offender, and that on to-wit, the 17th day of September, 1941, the petitioner was adjudged guilty of the offense charged and sentenced to serve a term of three years in the State Prison.”
This quote outlines the factual basis for the petitioner's conviction and sentence.
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Join FLexlaw to unlock all legal intelligenceLeRoy Slade was charged with violating Section 562.15, Florida Statutes 1941, as a second offender. On September 17, 1941, he was found guilty and sen…
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On petition of LeRoy Sladé we heretofore issued our writ of habeas corpus directed to the Honorable Nathan Mayo as Custodian of the State Prison, to show cause why petitioner should not be'discharged from custody.
The return of respondent shows that petitioner was on the 29th day of August, 1941, informed against amongst other things, for violation of Section 562.15, Florida Statutes 1941, as a second offender, and that on to-wit, the 17th day of September, 1941, the petitioner was adjudged guilty of the offense charged and sentenced to serve a term of three years in the State Prison. Sentence was imposed under provisions of Section 562.45, Florida Statutes, 1941. The penalty imposed was within the terms of the statute, supra.
It therefore, follows that petitioner must be remanded and it is so ordered.
TERRELL, CHAPMAN and ADAMS, JJ., concur.
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State v. City OF Jacksonville Beach, 142 So. 2d 349 (Fla. 1st DCA 1962)…300, 106 A. 2d 233, 52 A.L.R.2d 430. . McNulty v. Blackburn et al., (Fla.1949) 42 So. 2d 445. . State ex rel. Stringer v. Lee, see footnote 6. . Advisory Opinion To The Governor, (Fla.1955) 82 So. 2d 494. . State ex rel. Warren v. City of Miami, 153 Fla. 644, 15 So. 2d 449. . 52 A.L.R.2d 437 — see authorities cited. . Arnold v. Browning, 294 Ky. 164, 171 S.W. 2d 239; In re Ross, 201 Okl. 476, 207 P. 2d 254; Packer v. Board of Retirement, 35 Cal.2d 212, 217 P. 2d 660. . State ex rel. Gossairt v. Lakew…
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Dep't OF Corr. v. Fla. Nurses Ass'n, 508 So. 2d 317 (Fla. 1987)…statute merely because rights have accrued thereunder, in amending a statute under which a vested right has accrued, the Legislature may not thereby interfere with rights which have vested under the original statute. State ex rel. Warren v. Miami, [153 Fla. 644, 15 So. 2d 449 (1943) ]. (Emphasis in original.) The court’s reliance on Warren is misplaced. That case involved a widow’s pension rights established by judgment. It is undisputed that tenured employees acquire a property right in their employment.…
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In re Est. of Seymour J. Kant v. Kant, 265 So. 2d 524 (Fla. 3d DCA 1972)…the record to support such a finding. A fraud upon the court may be proven in a subsequent proceeding. Crosby v. Burleson, 142 Fla. 443, 195 So. 202, 207 (1940). See Beidler v. Beidler, Fla.1949, 43,Sp.2d 329; State ex rel. Warren v. City of Miami, 153 Fla. 644, 15 So. 2d 449 (1943); State ex rel. Fulton Bag & Cotton Mills v. Burnside, 153 Fla. 599, 15 So. 2d 324 (1943); State ex rel. Willys v. Chillingworth, 124 Fla. 274, 168 So. 249 (1936); Gamble v. Gamble Holding Corporation, 120 Fla. 340, 162 So. 886…
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