RICHARD HARRY SNELL, APPELLANT,
v.
NATHAN MAYO, AS PRISON CUSTODIAN OF THE STATE OF FLORIDA, APPELLEE

Fla. | 1956-01-06
DREW, C. J., and TERRELL and HOB-SON, JJ., concur.
84 So. 2d 581 Florida Supreme Court (1956) Caution
Cited by 24 cases

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Synopsis

In this habeas corpus appeal, the Florida Supreme Court addressed whether a minor's criminal conviction was invalid due to alleged failure to notify his parents of the charges prior to trial. The court held that the statutory notice requirement was satisfied despite non-compliance with the suggested method of service, because actual notice was demonstrably received by the parents.


Holding

The court affirmed the dismissal, holding that while strict compliance with the statute is recommended, the essential requirement of due notice was satisfied. The only mandatory requirement is that due notice be given; the method of notice is merely directory. Actual knowledge by the parents of the charge prior to trial satisfies the statutory requirement.


Key Quotes

“An examination of the cited statute will reveal that the only mandatory requirement is that due notice be given. The method of giving the notice suggested by the law is merely directory.”

Establishes that the statute requires only that due notice be given; the specific method of service is directory, not mandatory.

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Facts & Procedural History

Richard Snell, age 15, pleaded guilty to automobile theft in September 1951 and was sentenced to five years imprisonment. The Criminal Court Clerk sen…

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Opinion of the Court
THORNAL, Justice.

THORNAL, Justice.

Appellant seeks reversal of an order of the Circuit Judge dismissing a writ of ha-beas corpus and remanding him to the custody of appellee as prison custodian.

Pursuant to his plea of guilty, appellant was on September 5, 1951, adjudged guilty and by the Judge of the Criminal Court of Record of Broward County sentenced to five years imprisonment in the state prison for theft of an automobile.

On November 9, 195,4, while in prison, appellant petitioned this court for a writ of habeas corpus on the ground that at the time of his trial and sentence he was a minor of fifteen years and that his parents were not notified of the charge against him prior to trial, as required by Section 932.38, Florida Statutes, F.S.A.; hence, he contends, his sentence and subsequent incarceration were illegal.

The writ issued and was made returnable before Honorable Lamar Warren, Circuit Judge, for appropriate hearing and disposition. Hearing was held. The writ was dismissed and the petitioner remanded to custody. Appeal comes to this court from this order. The evidence developed that the Criminal Court Clerk, by regular mail, sent a notice to the father and step-mother of petitioner advising them of the charge and time and place of arraignment. The uncle of the petitioner visited him twice before arraignment and advised him that he, the uncle, had notified the father of the charge against the boy, although petitioner denies any such conversation. Petitioner says he was fifteen years old when sentenced. The prosecuting officials say he told them he was seventeen.

On appeal petitioner contends that there was non-compliance with Section 932.38, F.S., F.S.A., which reads:

“When any minor, not married, may be charged with any offense and brought before any of the courts, including municipal courts, of this state, due notice of such charge prior to the trial thereof shall be given to the parents or guardian of such minor, provided the name and address of such parent or guardian may be known to the court, or to the executive officers thereof. In the event that the name of such parent or guardian is not known or made known to the court or executive officer or cannot be reasonably ascertained by him, then such notice shall be given to any other relative or friend whom such minor may designate.

“The service of notice required by this section to be given to the parent, or guardian or other person provided herein may be made as the service of summons ad respondendum is made; or in the event such parent, or guardian or other person provided herein may be beyond the jurisdiction of the court, then, and in that event, service may be made by registered mail, or by telegram, and return of such service shall be made by the executive officer of the court in the same manner as returns are made upon summons ad responden-dum.”

It is contended that there was no proof of mailing the notice by registered mail or service thereof in the manner of service of a summons.

An examination of the cited statute will reveal that the only mandatory requirement is that due notice be given. The method of giving the notice suggested by the law is merely directory. No particular method is mandatorily prescribed. We have held that actual knowledge by the parents of the existence of the charge prior to trial is acceptable as the due notice required by the statute. See Pitts v. State, 88 Fla. 438, 102 So. 554.

In the instant case there is no doubt that the notice was mailed to the parents by the Clerk of the Court. It was correctly addressed to them at their address in Pennsylvania. It was properly posted and not returned to the Clerk’s office. Certainly, presumptively at least, the notice reached the destination to which it was addressed and sent in due course of mail.

Furthermore, the uncle communicated with the boy’s father before arraignment and he testified that he told petitioner that his father had been -notified and had responded that he could do nothing for him.

There is every evidence that the father of this unfortunate boy was notified of his plight and completely ignored the opportunity to go to his aid. The fact also remains that actually nowhere in this proceeding is there any denial that the offense was committed.

Although strict compliance with the statute in question is recommended in order to eliminate problems of the kind before us, we cannot find that there was a fatal failure to comply with its essentials in the case at bar. The judgment is therefore affirmed.

DREW, C. J., and TERRELL and HOB-SON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (12 total)

  • Johnson v. Cochran, 124 So. 2d 488 (Fla. 1960)
    …giving the notice are directory. However, in this instance the requirements of the statute were specifically met when the notice that petitioner was held on a charge of “car theft” was sent by registered mail to his grandmother. Snell v. Mayo, Fla., 84 So. 2d 581. There is no doubt that the failure to give reasonable notice before the unmarried minor is tried and sentenced is fatal to the validity of a conviction. State ex rel. Hamilton v. Chapman, 125 Fla. 235, 169 So. 658. However, under the wording of th…
  • Billie (William) Jones v. Cochran, 125 So. 2d 99 (Fla. 1960)
    …cord supports the conclusion that the father of the petitioner was notified of the charge against him prior to the trial. The service of the notice was sufficient to meet the requirements of the cited statute and our decision in Snell v. Mayo, Fla., 84 So. 2d 581. When the petitioner was arraigned and pleaded guilty to the crime of theft of an automobile there was no record indication that he was represented by counsel. At the same time there is no indication that he requested the assistance of anyone or th…
  • Gardner v. State, 263 So. 2d 604 (Fla. 4th DCA 1972)
    …PER CURIAM. We have examined the briefs and record filed in this appeal. We conclude that the requirements of Ch. 932.38, F.S.1969, now Ch. 925.07, F.S.1970, F.S.A. and of Snell v. Mayo, Fla.1956, 84 So. 2d 581, were complied with, in that actual timely notice was received by defendant’s grandmother-guardian. We therefore affirm. Affirmed. WALDEN, CROSS and OWEN, JJ., concur.…

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