Cauhn v. State
| Decision Date | 18 July 1929 |
| Parties | CAUHN et al. v. STATE. |
| Court | Florida Supreme Court |
Error to Criminal Court of Record, Hillsborough County; W. Raleigh Petteway, Judge.
Neoma Cauhn, alias Jane Doe, alias Naomi Kuhn, and others were convicted of an offense, and they bring error.
Writ of error quashed, and cause remanded.
Syllabus by the Court
Where sentence was not on judgment of conviction announced by court, sentence was void. Where sentence was not on a judgment of conviction announced by court, sentence was void.
Where no judgment of conviction appeared in record, writ of error must be quashed and cause remanded. Writ of error must be quashed and cause remanded, where there appeared in record no judgment of conviction.
Edwin R. Dickenson and Zewadski & Pierce, all of Tampa, for plaintiffs in error.
Fred H. Davis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the State.
In this case it becomes necessary for us to quash the writ of error and remand the cause because there appears in the record no judgment of conviction.
The defendants were tried upon an information filed in the criminal court of record in and for Hillsborough county. They were convicted by the jury, and were sentenced to serve five years each in the state prison. The sentence was not upon a judgment of conviction pronounced by the court, without which the sentence is void. See Smith v. State, 75 Fla. 468, 78 So. 530; Johnson v. State, 81 Fla. 783, 89 So. 114; Harris v. State, 75 Fla. 527, 78 So. 526; Norwood v. State, 80 Fla. 613, 86 So. 506; Timmons v. State (Fla., decided January, 1929) reported 119 So. 393.
It is therefore the judgment of this court that the writ of error be quashed and the cause remanded for further proceedings not inconsistent with this opinion.
Quashed and remanded.
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