Mann v. Wainwright
| Decision Date | 15 November 1966 |
| Docket Number | No. I--141,I--141 |
| Citation | 191 So.2d 867 |
| Parties | James Milton MANN, Alias Willie Pope, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Appellee. |
| Court | Florida District Court of Appeals |
James Milton Mann, in pro. per.
Earl Faircloth, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for appellee.
Following a denial of his petition for writ of habeas corpus in the Circuit Court for Union County, Mann has appealed to this Court. Mann is incarcerated in the state prison serving a sentence imposed by the Court of Record of Broward County. When this sentence is served (tentative termination date is August 27, 1967) he is scheduled to begin serving a consecutive sentence imposed by the Circuit Court of Alachua County.
In his petition for writ of habeas corpus Mann attacked the Alachua County judgment and sentence by urging that the State knowingly used perjured testimony at his trial in Alachua County and also that Negroes had been systematically excluded from the jury panel. These grounds were found by the circuit judge to be insufficient for issuing the writ of habeas corpus.
The law in this state is firmly established that a petitioner may not utilize habeas corpus proceedings to attack the validity of a consecutive sentence when he is presently confined under a sentence which he does not question. Fretwell v. Wainwright, 185 So.2d 701 (Fla.1966); Byers v. Cochran, 143 So.2d 319 (Fla.1962); Gorman v. Cochran, 127 So.2d 667 (Fla.1961). In his brief submitted to this Court the appellant states that he is questioning his Broward County sentence by a habeas corpus proceeding now pending in the United States District Court for the Middle District of Florida. However, we are of the view that such fact does not operate to allow the appellant to proceed by habeas corpus to assail the Alachua County sentence which he has not yet begun to serve, since at the time the petition was filed in the lower court and at the present time the appellant remains lawfully confined under the Broward County sentence. The function of habeas corpus is to test the legality of a petitioner's present detention. Sneed v. Mayo, 69 So.2d 653 (Fla.1954). Presently, Mann is still legally imprisoned under the Broward County sentence and hence can not in a habeas corpus proceeding raise any alleged illegality concerning a sentence for which he is not now being detained.
In noticing the grounds appellant raised in his petition for...
To continue reading
Request your trial
-
Jones v. Fla. Parole Com'n
...("A writ of habeas corpus may be employed to secure the release of a person who is being unlawfully detained."); Mann v. Wainwright, 191 So.2d 867, 868 (Fla. 1st DCA 1966) ("The function of habeas corpus is to test the legality of a petitioner's present detention."). Therefore, as ruled by ......
-
Carswell v. State, 72-656
...CURIAM. Affirmed. Reliford v. State, Fla.App.1970, 241 So.2d 871. See also House v. State, Fla.App.1967, 199 So.2d 134; Mann v. Wainwright, Fla.App.1966, 191 So.2d 867; Lee v. State, Fla.App.1965, 173 So.2d 520; Carswell v. State, Fla.1963, 154 So.2d 829; Bowman v. Wainwright, 5 Cir.1972, 4......
-
House v. State
...attack proceeding as appellant attempts to do in the case at bar. Lee v. State, 173 So.2d 520 (Fla.App.1st, 1965); Mann v. Wainwright, 191 So.2d 867 (Fla.App.1st, 1966). The next grounds urged by appellant concerned an alleged prejudicial remark made by the prosecuting attorney in his closi......
-
Dodd v. Florida Parole & Prob. Com'n, SS-236
...until August of 1982. Since the petitioner's present detention is lawful, habeas relief is inappropriate at this time. Mann v. Wainwright, 191 So.2d 867 (Fla.1st DCA 1966). Accordingly, said petition is MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur. ...