EMORY LEE SCOTT
v.
NATHAN MAYO, AS PRISON CUSTODIAN OF THE STATE OF FLORIDA
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The Florida Supreme Court reviewed a habeas corpus petition, finding that the petitioner was not subject to a habitual offender sentence as charged because one of his prior felony convictions occurred on the same day as another. However, he was still subject to enhanced sentencing for his prior two felony convictions.
No, the petitioner was not properly sentenced as a four-time felony offender because two prior convictions on the same day could only count as one for habitual offender purposes. However, he was still subject to enhanced sentencing for having two prior felony convictions.
“So the petitioner at the time of the conviction under which he is now serving was not amenable to the charge of having been four times theretofore convicted of felonies.”
Establishes the reason why the petitioner could not be sentenced as a four-time offender.
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Join FLexlaw to unlock all legal intelligenceThe petitioner, Emory Lee Scott, sought a writ of habeas corpus, arguing that he was improperly sentenced as a four-time felony offender. The record i…
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On petition for writ of habeas corpus we issued writ and return has come in.
The record now shows that petitioner on August 3rd 1942 was informed against as having been four times convicted of offenses constituting felonies. It is shown that convictions of two of the felonies occurred on the same day, viz: October 28th 1931. Therefore, one only of these two convictions could be counted in arriving at the number of convictions which had been had of the petitioner. See Joyner v. State,......Fla......., 30 So. (2nd) 304. So the petitioner at the time of the conviction under which he is now serving was not amenable to the charge of having been four times theretofore convicted of felonies. However, the record does show that he had twice theretofore been convicted of felonies and was amenable to punishment within the purview of Sec. 775.09 Fla. Statutes 1941, (same F.S.A.).
*817Therefore, we do not discharge the petitioner but, under the provisions of Sec. 924.34 Fla. Statutes 1941 (same F.S.A.), remand him to the custody of respondent with directions that petitioner be presented to the Criminal Court of Record of Polk County Florida, for judgment and sentence as is provided in Sec. 775.09, Supra, which said offense is included within the offense charged in the information under whitíh petitioner was convicted.
Remanded with directions.
So ordered.
THOMAS, C. J., ADAMS and BARNS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Shead v. State, 367 So. 2d 264 (Fla. 3d DCA 1979)…such a provision in a habitual criminal statute. Lovett v. Cochran, 137 So. 2d 572 (Fla. 1962); Perry v. Mayo, 72 So. 2d 382 (Fla. 1954); Mayo v. State ex rel. Murray, 66 So. 2d 256 (Fla.1953); Reed v. Mayo, 61 So. 2d 757 (Fla.1952); Scott v. Mayo, 159 Fla. 816, 32 So. 2d 821 (1947); Joyner v. State, 158 Fla. 806, 30 So. 2d 304 (1947); 4 Wharton’s Criminal Procedure, 288-289 (12th ed. Torcia 1976); Anno., 24 A.L.R.2d 1247, 1249 (1952). The reason for this rule fully comports with the purpose of the habitu…
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Perry v. Mayo, 72 So. 2d 382 (Fla. 1954)…rigid rule announced in Joyner v. State, supra, was relaxed. Washington v. Mayo, 159 Fla. 477, 31 So. 2d 870. Bearing these two cases in mind, we proceed to examine a few decisions that seem to typify the pronouncements in both. In Scott v. Mayo, 159 Fla. 816, 32 So. 2d 821, the Court held that inasmuch as two of the four felonies described were alleged to have been perpetrated on the same day, a life sentence Could not have properly been imposed. Although no terms of sentences appeared, our examination…
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Arthur Eugene Williams Alias Eugene Williams v. Mayo, 160 Fla. 169 (Fla. 1948)…BUFORD, J.: This cause is before us on writ of habeas corpus and return thereto. The. record shows that the same factual conditions exist in this case as existed in the case of Scott v. Mayo, 159 Fla. 816, 32 So. (2nd) 821. Therefore, on authority of the opinion and judgment in that case we do not discharge the petitioner but, under the provisions of Sec. 924.34, Fla. Statutes 1941 (same F.S.A.) remand him to the custody of respondent with direction…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Joyner v. State, 158 Fla. 806 (Fla. 1947)