Pena v. Schultz, 40395
| Decision Date | 24 February 1971 |
| Docket Number | No. 40395,40395 |
| Citation | 245 So.2d 49 |
| Parties | Ramon PENA, Relator, v. Robert H. SCHULTZ, Judge of the Court of Record of Manatee County, Florida, Respondent. |
| Court | Florida Supreme Court |
Walter R. Talley, Public Defender, for Relator.
Robert L. Shevin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for Respondent.
This is a case of original prohibition at issue on a rule to show cause and the State's response thereto.
It appears from the record before us that Relator, Ramon Pena, was charged by information in the Court of Record of Manatee County, Florida, on March 12, 1970, with murder in the second degree.
Pena's case was called and he was brought in open court on March 16, 1970, represented by Walter R. Talley, Public Defender of the Twelfth Judicial Circuit. Pena pled not guilty to the charge and the court set his trial for May 12, 1970.
On May 1, 1970 the State moved for continuance on the ground its witnesses were migrant workers who would not be available in the state until around September, 1970. Pursuant to the motion, the case was reset for trial October 13, 1970, and Pena's bond was ordered reduced to $500.
On October 13, 1970, Pena and another defendant, one Elizandro E. Cruz, and the Public Defender were present in court, ready for trial. The following disposition of the case by Judge Robert H. Schultz of the Court of Record of Manatee County appears in the court minutes:
The next day, October 14, 1970, the court minutes reflect:
Shortly thereafter, Pena brought habeas corpus proceedings before Circuit Judge Robert E. Hensley of the Twelfth Judicial Circuit to review Judge Schultz's related action. Judge Hensley sustained the writ issued therein. His order under date of October 19, 1970, reads in part:
"And the Court having read the file in Case No. F-593, State of Florida vs. Ramon, Pena, in the Court of Record in and for Manatee County, Florida, and heard argument of Assistant State Attorney Larry Byrd, in opposition to this writ, and the Court finding that the above case was dismissed in open Court, and the Petitioner freed and discharged, and he is therefore now being illegally held in violation of his constitutional rights, and after deliberating, it is further ordered that Ramon Pena, the Petitioner herein, be and he is hereby discharged from custody."
On October 19, 1970, the State Attorney filed a new information against Pena, identical with the original information, recharging him with the offense of murder in the second degree.
These proceedings in original prohibition then ensued to prohibit Judge Robert H. Schultz of the Court of Record of Manatee County, Florida, from proceeding to entertain the State's prosecution of Pena under the new information.
We have before us the record of the proceedings pertaining to the discharge of Pena by Judge Schultz on October 13 and 14, 1970, and the order of discharge of Pena entered by Circuit Judge Hensley in the habeas corpus proceedings.
It appears to us that these discharges were predicated upon the State's failure to proceed constitutionally with the prosecution of Pena by it not being ready with its witnesses present and prepared to go to trial on the dates set by the trial judge. There was no problem with reference to the sufficiency of the information and no motion to quash or to dismiss the same was filed. At all times subsequent to Pena's arrest immediately after the original information was filed on March 12, 1970, Pena, an indigent migrant worker, has been incarcerated and held confined in jail in the custody of the Sheriff...
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