Sneed v. Mayo

• Decision Date: 31 July 1953
• Citation: 66 So.2d 865
• Parties: SNEED v. MAYO.
• Court: Florida Supreme Court

Page 865

66 So.2d 865

SNEED v. MAYO.

Supreme Court of Florida, Division A.

July 31, 1953.

Bill Sneed, in pro. per.

Richard W. Ervin, Atty. Gen., and Bart L. Cohen, Asst. Atty. Gen., for respondent.

SEBRING, Justice.

This is an original habeas corpus proceeding which originated in this Court when the petitioner, who is a prisoner at the State Prison Farm, sent the following letter to one of the Justices:

'Honorable Sir:

'On May 13th, 1952, in the Palm Beach County Criminal Court of Record, I was tried for an alleged offense of Breaking and Entering with intent to commit Larceny.

'After finding me guilty, Judge Newall sentenced me to serve five (5) years in the state prison. Your Honor, I am poor and uneducated, hardly able to read or write and a friend is helping me to prepare this letter seeking your help. I am but 21 years of age and have never before appeared in a Court of law.

'At the time of my arraignment before Judge Newall, I told him truthfully that I was not guilty of the criminal charge. Also, I informed the Court of my age and my ignorance, that I was completely uneducated and unfamiliar with legal matters or procedures. I explained that I was unable to defend myself and requested that counsel be appointed to represent me. I told Judge Newall that I was a pauper, unable to secure a lawyer and unable to get any help from any other source. Judge Newall told me that I would not need a lawyer because he would try me without a jury and would take care of my defense. I told him that I would much rather have a jury trial because I was not guilty. I did not waive a jury and objected to trial without jury.

'However, on May 13th, I was forced to trial without a lawyer and without a jury, over my objections. It is my understanding that a denial of jury trial was a denial of my constitutional rights, and that to try an ignorant, uneducated youth like myself was depriving me of a fair and impartial trial. I now understand that a judgment of guilt predicated thereon is void and my sentence of imprisonment illegal. Accordingly, will Your Honor please look over the enclosed certified copies of Information, Judgment, Sentence and trial court minutes. They show no jury, no counsel, and no waiver of either.

'If I am entitled to relief by judicial process, will Your Honor please treat this letter as a formal application for whatever procedure is appropriate to the circumstances?

'Thank you very much.

'Most respectfully yours,

/s/ Bill Sneed'

Bill Sneed Attached to the letter was a certified copy of the minutes of the court in which the petitioner was convicted which read, in part, as follows:

'The Criminal Court of Record in and for Palm Beach County, Florida, convened on this 13th day of May, 1952, May Term, at 9:23 A.M., by Order of the Court with the Honorable Edward G. Newell, Judge of said Court present and presiding.

'Other Court Officials present were: T. Harold Williams, County Solicitor, L. H. Brannon, Assistant County Solicitor, J. Louie Carter, Clerk, Margaret L. Rogers, Deputy Clerk, C. B. Bowen, M. H. Partin, W. S. Bateman, and Emery Pickren, Deputy Sheriffs, and C. E. Jones, Court Reporter.

'Case No. 17,221

State of Florida

v.

Bill Sneed (B-M) Breaking And Entering

'This case having been previously set for trial before the Court without a jury at this time, comes now the State of Florida, by L. H. Brannon, Assistant County Solicitor and the defendant, Bill Sneed.

'At this time, the State Witnesses and Defendant were duly sworn according to law and the rule invoked.

'C. E. Jones, Court Reporter, was present for this case.

'Whereupon, Mrs. Charles W. Hoeffer, Edward Eberhardt, R. C. Croft, S. G. Roddick, Roy Cowart, Coleman Goodman, James S. Grantham, Lillian Anderson, Ira Partridge, Mrs. Wayne Morgan, Mary Bishop Walker, and Preston Wright testified in behalf of the State.

'Thereupon, R. C. Croft was recalled to testify in the behalf of the State.

'Whereupon the defendant testified in his own behalf.

'Thereupon, Preston Wright was recalled to testify in behalf of the State.

'The Court having heard all the facts of this case and having duly considered the same, It is Ordered by the Court that the defendant herein do be adjudged Guilty.

'The defendant was then asked if he had anything further to say before sentence was pronounced and he saying nothing in bar or preclusion, the following sentence was then pronounced.

'Now, Therefore You, Bill Sneed, Having Been Adjudged Guilty of the crime of Breaking And Entering with intent to commit a felony, to-wit: Grand Larceny, as charged in the information filed herein, are adjudged by the Court to be guilty thereof, and for the crime for which you do now stand guilty and convicted, it is the judgment of the Court and the Sentence of the Law, that for your said offense, that you do be taken in custody by the Sheriff of Palm Beach County, Florida, and there be confined at hard labor for a period of Five (5) Years. * * *'

Although the informal communication sent by the prisoner to one of the Justices did not conform with the requirements of section 79.01, Florida Statutes 1951, F.S.A., governing applications for writs of habeas corpus, this Court, as it has done on occasions in the past where applicants without means have suggested serious constitutional question, treated the communication as sufficient and issued the writ of habeas corpus.

In due course the Honorable Nathan Mayo, as prison custodian of the State of Florida, filed his answer to the writ, which contained the following admissions, denials and recitals:

'* * * Respondent admits that * * * the petitioner was tried and convicted * * * of breaking and entering with intent to commit larceny * * * was sentenced by the presiding judge * * * to serve five (5) years in the state prison and is presently fulfilling that sentence. Respondent neither admits nor denies, but avers that he is without knowledge as to the allegations of the petitioner, that he is poor and uneducated, hardly able to write and that a friend helped him prepare the letter seeking the writ and further neither admits nor denies that the petitioner is but twenty-one (21) years of age. Respondent denies that petitioner has never before appeared before a court of law but shows unto this court that the records of the respondent contain an F. B. I. report showing that at various times the petitioner has had the opportunity to gain courtroom knowledge as a result of other court appearances on other charges. * * * Respondent admits that petitioner plead not guilty to the criminal charge but denies that his statement was truthful and further shows * * * that it appears from the records of respondent that subsequent to the petitioner's adjudication of guilt, at the time of his processing at the state prison, petitioner openly admitted his guilt. Respondent * * * alleges that he is without knowledge as to whether or not the petitioner informed the court below of his age and his ignorance and that he was completely uneducated and unfamiliar with legal matters or procedures * * * denies that petitioner explained that he was unable to defend himself and * * * that he requested that counsel be appointed to represent him * * * is without knowledge as to whether or not petitioner told [the presiding judge] that he was a pauper, unable to secure a lawyer and unable to get help from any other source. Respondent shows, however, that at no time was any request made by defendant for an attorney. * * * Respondent denies that [the presiding judge] told petitioner that he would not need a lawyer because he would try him without a jury and would take care of his defense * * * denies petitioner told the judge that he would much rather have a jury trial because he was not guilty * * * and denies that petitioner did not waive a jury and objected to trial without a jury * * * that the defendant did in fact waive a jury trial and stated to the court that he preferred a trial before the judge without a jury. * * * Respondent denies that petitioner was forced to trial and * * * that the trial was held without a lawyer and without a jury over petitioner's objection but shows unto the court that petitioner elected to proceed in such a manner * * * admits that the papers accompanying the petition show no waiver of jury or counsel but * * * shows unto this Court by the attached affidavit entitled Exhibit I * * * that the petitioner did in fact waive a jury trial and did not request counsel. * * *'

Attached to the return was a certified copy of the testimony taken at the trial of the defendant. Also attached, as Exhibit I to the return, was an affidavit made by the judge who presided at the trial of the petitioner, which contained the following material averments:

'I am the Judge of the above Court and presided at the trial of the defendant named above. Bill Sneed, a colored male.

'On April 15, 1952, the defendant appeared in open court and the information was read to him by [the] Assistant County Solicitor and said defendant pled not guilty. At that time the defendant was asked by [the Assistant County Solicitor] whether he desired a trial by a jury or before the Judge of the Court. The defendant said he preferred a trial before the Judge without a jury and the case was accordingly set for trial on April 22, 1952, before the Court without a jury. * * * On April 22, 1952, it was learned that the defendant was confined to a hospital and trial was continued. On May 12, 1952, witness subpoena for the State was * * * issued. On the same date a witness subpoena for witnesses for the defendant was issued at the request of the defendant. On May 13, 1952, trial before the Court without a jury was had, and the testimony was duly reported by the official Court Reporter. The defendant was found guilty and adjudged guilty by the Judge of the Court at the conclusion of the trial, and sentenced to serve five years in the State Prison. At no time on either...