CHARLES S. COHEN, PETITIONER,
v.
NATHAN MAYO, AS CUSTODIAN OF THE FLORIDA STATE PRISON, RESPONDENT
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The Florida Supreme Court considered a habeas corpus petition challenging a habitual criminal charge due to an insufficient information. The court found the information defective and remanded the petitioner to the trial court for further proceedings.
No, the information was insufficient. The petitioner is remanded to the trial court for further proceedings.
“In the information filed 2 October 1942, charging the petitioner with having become a habitual criminal, the dates of committing the primary and subsequent offenses are not given, the terms of sentences are not shown and the dates of conviction, except the years, do not appear.”
Describes the factual deficiencies in the original information that led to the legal challenge.
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Join FLexlaw to unlock all legal intelligencePetitioner sought a writ of habeas corpus challenging a habitual criminal charge. The information filed against him in 1942 lacked specific dates for …
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THOMAS, Justice.
When the petitioner applied for a writ of habeas corpus the Attorney General advised the court that the writ should issue. Now in the return of the Commissioner of Agriculture, as custodian of the Florida State Prison, signed by the Attorney General as his counsel, the suggestion is made “that the petitioner should be remanded to the trial court so that the State Attorney may have the opportunity to file a new habitual criminal information against him.”
In the information filed 2 October 1942, charging the petitioner with having become a habitual criminal, the dates of committing the primary and subsequent offenses are not given, the terms of sentences are not shown and the dates of conviction, except the years, do not appear. Even under the decision in Washington v. Mayo, 159 Fla. 477, 31 So. 2d 870, which relaxed to some degree the rule announced in Joyner v. State, 158 Fla. 806, 30 So. 2d 304, the information in the instant case was insufficient. Perry v. Mayo, Fla., 72 So. 2d 382.
•Therefore, under the decision in Harvey v. Mayo, Fla., 72 So. 2d 385, the petitioner is remanded to the trial court for proceedings outlined in the opinion in that case which need not now be repeated.
It is so ordered.
MATHEWS, C. J., and HOBSON and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Lovett v. Cochran, 137 So. 2d 572 (Fla. 1962)…g conviction and met the rule. Obviously there could have been no compliance with this construction when the second and third offenses were charged to have been perpetrated the same day. See Harvey v. Mayo, Fla., 72 So. 2d 385; Cohen v. Mayo, Fla., 77 So. 2d 787. We are impelled to discharge the petitioner from the present sentence and to remand him to the custody of the Circuit Court of the Ninth Judicial Circuit in Seminole County for prosecution as a second offender, upon a proper information, or for th…
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Pritchard v. State, 528 So. 2d 1272 (Fla. 1st DCA 1988)…d not indicate he was the named defendant as appellant’s name was Gilbert L. Pritchard, Jr. Thereupon the state offered the written plea of guilty to DUI signed by Gilbert L. Pritchard, Jr. . Section 775.084, Florida Statutes. . See Cohen v. Mayo, 77 So. 2d 787 (Fla.1955); Wright v. State, 291 So. 2d 118 (Fla. 2d DCA 1974); State v. Fernandez, 156 So. 2d 400 (Fla. 2d DCA 1963). . Section 812.014(2)(d) provides that upon “a third or subsequent conviction for petit theft, the offender shall be guilty of a t…
Authorities Cited
- Joyner v. State, 158 Fla. 806 (Fla. 1947)
- Perry v. Mayo, 72 So. 2d 382 (Fla. 1954)
- Ishmael Washington v. Mayo, 159 Fla. 477 (Fla. 1947)
- Harvey v. Mayo, 72 So. 2d 385 (Fla. 1954)