Hill v. Wainwright, 72-1997 Summary Calendar.
| Citation | 465 F.2d 414 |
| Decision Date | 08 August 1972 |
| Docket Number | No. 72-1997 Summary Calendar.,72-1997 Summary Calendar. |
| Parties | Marvin Lee HILL, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Marvin L. Hill, pro se.
Robert L. Shevin, Atty. Gen. of Fla., Tallahassee, Fla., P. A. Pacyna, Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.
Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.
Marvin Lee Hill, a prisoner of the State of Florida, has taken this appeal from the district court's denial of his petition for habeas corpus relief, wherein he sought credit for certain time spent in custody prior to being sentenced. We vacate the ruling below, and remand for further proceedings.
The appellant was convicted upon trial by jury of attempted robbery and aggravated assault. He was sentenced on February 12, 1970 to serve five years for each offense, the sentences to be served consecutively. Five years is the maximum prison term imposable for each of these offenses.1 The trial court gave Hill credit for 30 days of the approximately 83 days which he spent in custody prior to sentencing.
Appellant Hill filed a motion to vacate the sentence2 in the state trial court, seeking either vacation of his sentences or credit for the rest of the presentence jail time. Relief was denied on the merits; and the appropriate District Court of Appeal granted the State's motion to quash the appeal on grounds that it was frivolous. The record before us shows that Hill has adequately exhausted his available State remedies on the point, as required by the provisions of 28 U.S.C. § 2254(b).
In his motion to vacate filed in the sentencing court, and in his brief on this appeal, Hill has alleged that he was indigent during the time of his presentence custody. No allegation of indigence during that time was made in the appellant's federal habeas petition, nor was it alleged that he was unable to post bail pending trial due to his indigency.
In a similar situation we recently vacated and remanded a cause for further proceedings. Hart v. Henderson, 5th Cir. 1971, 449 F.2d 183. Therein we stated, and posed questions for the district court, as follows:
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Johnson v. Manson
...a crime unless credit is given for all pre-sentence jail time. Jackson v. Alabama, 530 F.2d 1231, 1235 (5th Cir.1976); Hill v. Wainwright, 465 F.2d 414, 415 (5th Cir.1972); Hart v. Henderson, 449 F.2d 183 (5th Cir.1971). "[O]nce the State has defined the outer limits of incarceration necess......
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Jackson v. State of Ala.
...sentence of ten years under the statute credit for pre-trial detention was not required, citing Cobb v. Bailey, supra; Hill v. Wainwright, 5 Cir. 1972, 465 F.2d 414; Hart v. Henderson, 5 Cir. 1971, 449 F.2d 183; and (a) that since he had not opted for a 'working' appeal he was not entitled ......
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Davis v. Parratt, Civ. No. 77-L-222.
...See, e. g., Parker v. Estelle, 498 F.2d 625 (5th Cir. 1974); Hook v. State of Arizona, 496 F.2d 1172 (9th Cir. 1974); Hill v. Wainwright, 465 F.2d 414 (5th Cir. 1972); Hart v. Henderson, 449 F.2d 183 (5th Cir. 1971). See also Reanier v. Smith, 83 Wash.2d 342, 517 P.2d 949 (1974) (credit on ......
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Trambitas, Matter of, 47544-0
...committed. See e.g., Parker v. Estelle, 498 F.2d 625 (5th Cir. 1974); Hook v. Arizona, 496 F.2d 1172 (9th Cir. 1974); Hill v. Wainwright, 465 F.2d 414 (5th Cir. 1972); Hart v. Henderson, 449 F.2d 183 (5th Cir. 1971); Reanier v. Smith, 83 Wash.2d 342, 517 P.2d 949 (1974) (credit on statutory......