State v. Smith
| Decision Date | 23 March 1948 |
| Citation | 160 Fla. 288,34 So.2d 533 |
| Parties | STATE v. SMITH. |
| Court | Florida Supreme Court |
Appeal from Criminal Court of Record, Duval County; Edwin L. Jones judge.
J. Tom Watson, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for appellant.
James H Smith, in pro. per.
On September 4 1947, an information was filed in the Criminal Court of Record of Duval County against the appellee, Smith, charging him with having twice been convicted of felony contrary to section 775.09, Florida Statutes 1941, F.S.A. A motion to quash the information was filed by the appellee. Thereafter, the trial judge made his order sustaining said motion to quash. The State of Florida, under authority of sections 924.02 and 924.07, Florida Statutes 1941, F.S.A has taken an appeal from the order.
The information charged in substance that on May 29, 1945, in Duval County the appellee was convicted of the larceny of an automobile and sentenced to serve a term of five years in the State Prison; that while serving the sentence he escaped from the State Prison and returned to Duval County where, on July 20, 1947, he committed another felony and subsequently on August 26, 1947 was duly tried and found guilty thereof and was sentenced by the Criminal Court of Record of Duval County to serve a sentence of three years therefor, the sentence to commence after the expiration of the sentence theretofore imposed for the first offense committed; that both judgments are in full force and effect and therefore the appellee has been duly convicted of two felonies contrary to the provisions of section 775.09, Florida Statutes, 1941, F.S.A.
The reason given by the trial judge for quashing the motion is contained in his order. The order recites, that it is 'Ordered and adjudged that the information on file herein and each and every count thereof be and the same is hereby quashed for the reason that it affirmatively appears from the information that the Defendant has not had an opportunity for reformation after the conviction of the first felony charged in the information and that the Defendant has not completed the punishment prescribed for the first felony charged in said information.'
The first question raised by the State on appeal is whether or not the information which was quashed was sufficient to charge the offense denounced by section 775.09, Florida Statutes, 1941, F.S.A.; that is to say, the second conviction of a felony.
Section 775.09 supra, provides that 'A person who, after having been convicted within this state of a felony or an attempt to commit a felony * * * commits any felony within this state is punishable upon conviction of such second offense as follows: If the subsequent felony is such that upon a first conviction the offender would be punishable by imprisonment for any term less than his natural life then such person must be sentenced to...
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State of La. v. Dedrick JerMe. JONES
...2, Fla. Stat. (Supp. 1960)); Weathers v. State, 56 So.2d 536 (Fla.1952) (construing § 776.02, Fla. Stat. (1949)); State v. Smith, 160 Fla. 288, 34 So.2d 533 (1948) (construing § 775.09, Fla. Stat. (1941)); Timmons v. State, 97 Fla. 23, 119 So. 393 (1929) (construing section 5486, Rev. Gen. ......
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State Of La. v. Dedrick Jerme. Jones
...2, Fla. Stat. (Supp.1960)); Weathers v. State, 56 So.2d 536 (Fla.1952) (construing § 776.02, Fla. Stat. (1949)); State v. Smith, 160 Fla. 288, 34 So.2d 533 (1948) (construing § 775.09, Fla. Stat. (1941)); Timmons v. State, 97 Fla. 23, 119 So. 393 (1929) (construing section 5486, Rev. Gen. S......
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Watson v. State, 8 Div. 379
...the trial is had, declaring the consequences to the convict of the fact thus ascertained." The Florida Supreme Court in State v. Smith, 160 Fla. 288, 34 So.2d 533, discussing the word, "convicted" as used in the Florida Habitual Criminal Statute, "The word 'convicted,' as used in the statut......
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State v. Keirn
...2, Fla. Stat. ( Supp.1960)); Weathers v. State, 56 So.2d 536 (Fla.1952) (construing § 776.02, Fla. Stat. (1949)); State v. Smith, 160 Fla. 288, 34 So.2d 533 (1948) (construing § 775.09, Fla. Stat. (1941)); Timmons v. State, 97 Fla. 23, 119 So. 393 (1929) (construing section 5486, Rev. Gen. ......