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Dear v. Mayo

Document Cited authorities 1 Cited in 8 Precedent Map Related
Decision Date15 June 1943
Citation14 So.2d 267,153 Fla. 164
PartiesDEAR v. MAYO, State Prison Custodian.
CourtFlorida Supreme Court

14 So.2d 267

153 Fla. 164

DEAR v. MAYO, State Prison Custodian.

Florida Supreme Court

June 15, 1943

Wilbur Dear, in pro. per.

J. Tom Watson Atty. Gen., and Woodrow M. Melvin, asst. Atty. Gen., for respondent.

ADAMS, Justice.

Petitioner seeks discharge by habeas corpus from serving the remainder of a five year sentence dated June 16, 1939. He contends that by virtue of § 954.06, Fla. Stat.1941, F.S.A. § 954.06, granting him gain time he served the sentence within three years, six months and nine days. By his petition and exhibit attached it appears that at one time he was out on parole and had same revoked. Despite this he claims the benefit of the gained time because he acquired a vested right to it under the statute and misconduct thereafter occurring could not deprive him of it.

Parole and gained time is granted by the sovereign as a matter of grace rather than of right. The obvious purpose is to encourage the wrongdoer to mend his ways and relieve the state of added responsibility for his care. The state may offer such grace under and subject to such conditions as it may consider most conducive to accomplish the desired purpose. Our statute plainly provides that a violation of parole shall subject the parolee to 'serve out the term for which he was sentenced.' § 947.21,...

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7 cases
  • Lashley v. State of Fla.
    • United States
    • U.S. District Court — Middle District of Florida
    • May 18, 1976
    ...satisfactorily served on parole. Under Florida law, there is no right to parole: it is a matter of grace, not of right. Dear v. Mayo, 153 Fla. 164, 14 So.2d 267 (1943). Similarly, under federal law, one is not entitled to parole, so that the denial of it does not require procedural due proc......
  • Harris v. Wainwright
    • United States
    • Florida Supreme Court
    • November 1, 1979
    ...1941); Kastel v. Fish, 36 F.Supp. 700 (D.C.Md.1931); Shattuck v. Grider, 493 P.2d 829 (Okl.Cr.1972) citing with approval Dear v. Mayo, 153 Fla. 164, 14 So.2d 267 (1943); People ex rel. Colletti v. Pate, 31 Ill.2d 354, 201 N.E.2d 390 (1964); Comerford v. Commissioner of Correction, 335 Mass.......
  • Shattuck v. Grider
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • January 26, 1972
    ...120 Conn. 164, 26 A.2d 789; District of Columbia: Jones v. Clemmer, 82 U.S.App.D.C. 288, 163 F.2d 852 (1947); Florida: Dear v. Mayo, 153 Fla. 164, 14 So.2d 267, cert. den. 320 U.S. 766, 64 S.Ct. 42, 88 L.Ed. 458 (1943); Michigan: Robinson v. Gries, 277 Mich. 15, 268 N.W. 794 (1936); Montana......
  • Simmons v. State
    • United States
    • Florida District Court of Appeals
    • January 10, 1969
    ...of authority from other jurisdictions having similar statutes. * * *' See also Deese v. Cochran, Fla.1962, 139 So.2d 492; Dear v. Mayo, 1943, 153 Fla. 164, 14 So.2d 267. The appellant seeks credit for any gain time to which he was entitled or would have been entitled. The rule is set down i......
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