Harvey v. Mayo
| Citation | 72 So.2d 385 |
| Parties | HARVEY v. MAYO, Prison Custodian. |
| Decision Date | 04 May 1954 |
| Court | Florida Supreme Court |
Thomas Harvey, in pro. per.
Richard W. Ervin, Atty. Gen., and Mark R. Hawes, Asst. Atty. Gen., for respondent.
On authority of the rule announced in Perry v. Mayo, Fla., 72 So.2d 382, the life sentence imposed in this case is held invalid, and the information is held insufficient to charge petitioner as a second offender.
The information contains allegations of four distinct convictions but is silent as to date of commission of offenses subsequent to the first conviction and term of sentence imposed for any conviction.
The petitioner is remanded to the trial court for further proceedings. If the state sttorney can file an information properly charging the petitioner as a second or fourth offender, then he should do so, otherwise the trial court should impose sentences for the crimes for which the petitioner has not been punished. In either event the trial court is directed to take into account the time already served by the petitioner pursuant to the improper sentence and such 'gain' time as he has earned. If it appears that the sentences imposable under either course exceed the combined time served and gained, petitioner shall be returned to the state prison, otherwise he shall be discharged.
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Taylor v. State, 89-1523
...to the defendant's preceding conviction. This rule continues to be followed. Lovett v. Cochran, 137 So.2d 572 (Fla.1962); Harvey v. Mayo, 72 So.2d 385 (Fla.1954), cert. denied, 349 U.S. 965, 75 S.Ct. 898, 99 L.Ed. 1287 (1955); Perry v. Mayo, 72 So.2d 382 (Fla.1954); Snowden v. State, 449 So......
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Lee v. State
...in Case No. 44805 and under any sentence heretofore imposed in Case No. 37976 and such 'gain' time as appellant has earned. Harvey v. Mayo, Fla.1954, 72 So.2d 385. This may result in a release of the defendant from For the foregoing reasons, the order appealed is reversed and remanded for p......
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Cohen v. Mayo
...304, the information in the instant case was insufficient. Perry v. Mayo, Fla., 72 So.2d 382. Therefore, under the decision in Harvey v. Mayo, Fla., 72 So.2d 385, the petitioner is remanded to the trial court for proceedings outlined in the opinion in that case which need not now be It is s......
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Lovett v. Cochran, 31282
...no compliance with this construction when the second and third offenses were charged to have been perpetrated the same day. See Harvey v. Mayo, Fla., 72 So.2d 385; Cohen v. Mayo, Fla., 77 So.2d We are impelled to discharge the petitioner from the present sentence and to remand him to the cu......