Washington v. Mayo

Citation77 So.2d 620
PartiesIshmael WASHINGTON, Petitioner, v. Nathan MAYO, as Custodian of the Florida State Prison, Respondent.
Decision Date28 January 1955
CourtUnited States State Supreme Court of Florida

Ishmael Washington, in pro. per.

Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for respondent.

SEBRING, Justice.

This is a habeas corpus proceeding wherein the petitioner questions the validity of a judgment and sentence imposed upon him as a fourth offender under section 775.10, Florida Statutes 1951, F.S.A.

The information upon which the conviction was based charged, in effect, that the petitioner was convicted in the Circuit Court for Jackson County, Florida, on January 11, 1926, of a felony, to-wit, the larceny of a motor vehicle, and sentenced to serve a term of 5 years in the State Prison; and was convicted in the Criminal Court of Record for Duval County, Florida, on September 4, 1934, of a felony, to-wit, attempting to break and enter a building with intent to commit a felony, and sentenced to serve a term of 18 months in the Duval County jail; and was convicted in the Criminal Court of Record for Duval County, Florida, on October 31, 1936, of a felony, to-wit, receiving stolen property, and sentenced to serve a term of 2 years in the State Prison; and was convicted in the Criminal Court of Record for Duval County, Florida, on August 27, 1940, of a felony, to-wit, entering without breaking with intent to commit a felony, and sentenced to serve a term of 6 years in the State Prison.

The petitioner seeks first to attack the sufficiency of the information by which he was charged as an habitual criminal on the ground that it fails to state the date upon which the various offenses were committed and consequently does not constitute a lawful predicate for his conviction as a fourth offender.

The rule is clear that a convicted prisoner should not be heard to raise in a subsequent proceeding, whatever its nature, issues that were previously raised and determined, or that the prisoner had a fair and adequate opportunity to raise and have determined in earlier proceedings. State ex rel. Johnson v. Mayo, Fla., 69 So.2d 307, certiorari denied 347 U.S. 992, 74 S.Ct. 855, 98 L.Ed. 1125; Irvin v. State, Fla., 66 So.2d 288, certiorari denied 346 U.S. 927, 74 S.Ct. 316, 98 L.Ed. 419.

It appears from the allegations of the petition and the record in the cause that, in respect to petitioner's first contention, this is precisely what he seeks to do. For in the case of Washington v. Mayo, 159 Fla. 477, 31 So.2d 870, involving the present petitioner, this Court denied a writ of habeas corpus upon a petition setting forth the same objections to the information in question as are now raised. Fork the reasons stated there, which we now reaffirm, the petitioner has not shown himself entitled to discharge upon the ground that the information fails to state the dates upon which the various offenses were committed.

In respect to the sufficiency of an information charging a fourth conviction under the habitual offender statute, it was said in Johnson v. Mayo, Fla., 75 So.2d 287, 289, that 'the dates of the commission of the crimes are important and the information should allege such dates.' However, it was recognized in the opinion that while it is the better parctice to state the dates of the commission of the crimes in the information, the failure to do so will not render the information insufficient, if it clearly appears from the allegations of the information that the periods between the dates of conviction on the four felonies charged are longer in each case than the sentence imposed. See Perry v. Mayo, Fla., 72 So.2d 382.

From the allegations of the information upon which the judgment and sentence of the petitioner is based, it appears that more than 8 years elapsed between the conviction and imposition of the 5-year sentence in the first case and the conviction in the second case; that more than 2 years elapsed between the conviction and imposition of the 18-month sentence in the second case and the conviction in the third case; and that more than 3 years elapsed between the conviction and imposition of the 2-year sentence in the third case and the conviction and imposition of sentence in the fourth case. It is plain, therefore, that the allegations of the information come squarely within the principles stated in Johnson v. Mayo and Perry v. Mayo, supr...

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14 cases
  • Durley v. Mayo
    • United States
    • United States Supreme Court
    • June 4, 1956
    ...of false imprisonment * * *.' Florida's other state ground is based upon its Supreme Court decisions, and particularly upon Washington v. Mayo, 77 So.2d 620, 621. It is there stated that 'The rule is clear that a convicted prisoner should not be heard to raise in a subsequent proceeding, wh......
  • Barber v. Gladden
    • United States
    • Supreme Court of Oregon
    • December 3, 1958
    ...for his failure to do so, he is precluded from raising issues which he could have raised in any such prior proceedings. Washington v. Mayo, Fla., 77 So.2d 620; Irvin v. Chapman, Fla., 75 So.2d 591; State ex rel. Johnson v. Mayo, Fla., 69 So.2d 307. * * We interpret our own statute, ORS 34.7......
  • Whitney v. State, 65-401
    • United States
    • Court of Appeal of Florida (US)
    • March 8, 1966
    ...in the prior proceedings, and not to new grounds. In this connection, see: Johnson v. Lindsey, 89 Fla. 143, 103 So. 419; Washington v. Mayo, Fla.1955, 77 So.2d 620; Piehl v. State, Fla.App.1965, 173 So.2d 723; Weeks v. State, Fla.App.1966, 181 So.2d 746 (opinion filed January 18, 1966); San......
  • McCrae v. State, 45894
    • United States
    • United States State Supreme Court of Florida
    • October 30, 1980
    ...requires both (a) a determination of guilt by a jury or a plea of guilty, and (b) an adjudication of guilt by the court. Washington v. Mayo, 77 So.2d 620 (Fla.1955). This statute was enacted by the legislature "to protect society from habitual criminals who persist in the commission of crim......
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