Vellucci v. Cochran, 31341
| Decision Date | 07 March 1962 |
| Docket Number | No. 31341,31341 |
| Citation | 138 So.2d 510 |
| Parties | John William VELLUCCI, Jr., Petitioner, v. H. G. COCHRAN, Jr., Director, Division of Corrections, Respondent. |
| Court | Florida Supreme Court |
John William Vellucci, Jr., petitioner, in pro. per.
Richard W. Ervin, Atty. Gen., and Bruce R. Jacob, Asst. Atty. Gen., for respondent.
John William Vellucci, Jr., petitioned this Court for writ of habeas corpus pertaining to his detention under a sentence of imprisonment of from six months to ten years upon an adjudication of guilt of the offense of escape committed in Glades County, Florida on December 29, 1958.
Petitioner alleged that at the time he was charged with this offense and through the time of his adjudication of guilt and sentence therefor he was a minor and had never been married. He alleged further that despite the mandate of Sec. 932.38 F.S.A. his parents were given no notice of the fact he had been charged with having committed the crime of escape.
We issued the writ. In his return respondent admits that petitioner was a minor at the time of the proceedings involved and that the notice required by Sec. 932.38 was not given. Respondent does not take issue with petitioner's allegation that he has never been married. Respondent's contention is that the state ought to be excused from compliance with the notice statute by reason of petitioner's lying about his age and respondent relies upon the allegations which follow to support this contention.
Respondent's counsel asserts that the Sheriff of Glades County told him on the telephone that when he apprehended petitioner and his accomplice he asked them their ages and remembers one of them stated he was over 21 years of age. Respondent admits that the accomplice was 22 at the time the offense was committed.
The state attorney who filed the charge against petitioner and who acted for the state at the arraignment of petitioner in the matter here involved wrote a letter to respondent's counsel stating that upon the arraigning of petitioner he had asked him his age, as he always did. He said that usually the sheriff, he, and then the judge all three asked this question. He stated the court minutes were silent on this matter and he concluded that the petitioner had 'lied to us and the court,' concealing the fact that he was under 21.
The trial judge upon inquiry by counsel for respondent concerning the subject proceedings replied by letter that he did not recall the particular incident but that 'my practice has been to inquire as to the age of all of those appearing even though they may appear some few years older than the age of 21.' He further stated that if there was any question in his mind as to the truthfulness of the answer, it was his practice to advise the accused that if he was not 21 his plea of guilty could not be accepted unless the accused's parents had been notified of the charge.
These allegations in the return are not sufficient to justify a conclusion that the state is entitled to be excused for its failure to give the notice required by the aforementioned statute.
There is no positive allegation that the petitioner...
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Commonwealth v. Holmes
...sentences or, indeed, for any reason other than the stated exceptions of banking and double credit. 14. See, e.g., Vellucci v. Cochran, 138 So.2d 510, 512 (Fla.1962); Jackson v. Jones, 254 Ga. 127, 128, 327 S.E.2d 206 (1985); Butcher v. State, 196 Md.App. 477, 490 (2010) (finding “the major......
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Commonwealth v. Holmes
...sentences or, indeed, for any reason other than the stated exceptions of banking and double credit. 14. See, e.g., Vellucci v. Cochran, 138 So.2d 510, 512 (Fla.1962); Jackson v. Jones, 254 Ga. 127, 128 (1985); Butcher v. State, 196 Md.App. 477, 490 (2010) (finding "the majority rule [in the......
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Michell v. State ex rel. Callahan
...sentenced to one year in the county jail 1 were void for failure of compliance with § 932.38, Florida Statutes, F.S.A. See Vellucci v. Cochran, Fla.1962, 138 So.2d 510; Willis v. Cochran, Fla.1961, 131 So.2d 728; Giles v. Cochran, Fla.1961, 129 So.2d 426; Williams v. Cochran, Fla.1961, 126 ......
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Falagon v. State
...sentence, I am of the view that the decisions of our Supreme Court in Keene v. Cochran, Fla.1962, 146 So.2d 364, and Velluchi v. Cochran, Fla.1962, 138 So.2d 510, are determinative. These cases clearly indicate that the existence of a presumptively valid consecutive sentence does not preclu......