Washington v. Mayo

CourtUnited States State Supreme Court of Florida
Writing for the CourtTHORNAL; DREW
Citation91 So.2d 621
Decision Date19 December 1956
PartiesIshmael WASHINGTON, Petitioner, v. Nathan MAYO, Custodian of Florida State Prison, Respondent.

Page 621

91 So.2d 621
Ishmael WASHINGTON, Petitioner,
v.
Nathan MAYO, Custodian of Florida State Prison, Respondent.
Supreme Court of Florida, Division A.
Dec. 19, 1956.
Rehearing Denied Jan. 17, 1957.

Page 622

Ishmael Washington, in pro. per.

Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for respondent.

THORNAL, Justice.

By petition for writ of habeas corpus the petitioner Washington seeks release from the State Prison where he is held pursuant to conviction and sentence under Sections 775.10 and 775.11, Florida Statutes, F.S.A., which are a part of our Habitual Criminal Act.

The point to be determined is the legality of the sentence to life imprisonment imposed upon the petitioner.

Some facet of this petitioner's problem has been considered by this Court on two other occasions. Washington v. Mayo, 159 Fla. 477, 31 So.2d 870; and Washington v. Mayo, Fla.1955, 77 So.2d 620, certiorari denied, 350 U.S. 851, 76 S.Ct. 91, 100 L.Ed. 757. Our prior decisions adequately set out the factual background.

On August 27, 1940, the petitioner was sentenced to six years in the State Penitentiary upon pleading guilty to the offense of entering without breaking to commit a felony. This was his fourth felony conviction. It was designated as Case No. 16932. On August 29, 1940, a fourth offender information was filed. On September 4, 1940, petitioner pleaded guilty to the fourth offender information. He was then sentenced to the 'State Penitentiary for the period of the balance of your natural life, sentence to commence after the expiration of sentence in case No. 16932.'

It is now contended that the sentence pursuant to the Habitual Criminal Information was void for the reason that the trial judge prescribed that it would begin at the expiration of the described six-year sentence. Petitioner asserts that under Section 775.11, Florida Statutes, F.S.A., the trial judge should have vacated the six-year sentence as a condition precedent to prescribing the life sentence. He takes the position that the result is that he had been twice punished for the same offense or in the alternative that he has been twice put in jeopardy for the same offense.

Page 623

Pursuant to the prayer of the petition, we issued the writ and the matter now comes on for hearing on the petition and the response of the respondent.

Consistent with the recognized rule on the subject, conviction under a habitual offender statute involves neither double jeopardy nor...

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21 practice notes
  • Tyson v. Hening, No. 5809
    • United States
    • Virginia Supreme Court of Virginia
    • June 15, 1964
    ...In Re Bean's Petition, 139 Mont. 625, 365 P.2d 936, 937; Poppe v. State, 155 Neb. 527, 52 N.W.2d 422, 426-27; Washington v. Mayo, Fla., 91 So.2d 621, 623; State v. George, supra, 48 So.2d at p. 269; Johnson v. Crouse, 191 Kan. 694, 383 P.2d 978, 982; People v. Collins, 172 Cal.App.2d 295, 3......
  • Conley v. State, No. 90-1745
    • United States
    • Court of Appeal of Florida (US)
    • January 2, 1992
    ...second punishment for the former offenses, but is instead a "more severe punishment for the last offense." Id. Accord Washington v. Mayo, 91 So.2d 621, 623 SENTENCING ISSUE 2 Conley was convicted of armed burglary of a dwelling (Count I) and armed robbery (Count V), both first-degree feloni......
  • Greene v. State, No. 39453
    • United States
    • United States State Supreme Court of Florida
    • July 30, 1970
    ...14 'No state shall * * * pass any * * * ex post facto Law. * * *' U.S.Const. art. I, § 10. 15 96 Fla. 768, 119 So. 380 (1928). 16 91 So.2d 621 17 Fla.Stat. § 775.09, F.S.A.: 'Punishment for second conviction of felony.--A person who, after having been convicted within this state of a felony......
  • Deiter v. Com.
    • United States
    • Virginia Supreme Court of Virginia
    • January 18, 1965
    ...In Re Bean's Petition, 139 Mont. 625, 365 P.2d 936, 937; Poppe v. State, 155 Neb. 527, 52 N.W.2d 422, 426-427; Washington v. Mayo, Fla., 91 So.2d 621, 623; State v. George, supra, 48 So.2d at p. 269; Johnson v. Crouse, 191 Kan. 694, 383 P.2d 978, 982; People v. Collins, 172 Cal.App.2d 295, ......
  • Request a trial to view additional results
21 cases
  • Tyson v. Hening, No. 5809
    • United States
    • Virginia Supreme Court of Virginia
    • June 15, 1964
    ...In Re Bean's Petition, 139 Mont. 625, 365 P.2d 936, 937; Poppe v. State, 155 Neb. 527, 52 N.W.2d 422, 426-27; Washington v. Mayo, Fla., 91 So.2d 621, 623; State v. George, supra, 48 So.2d at p. 269; Johnson v. Crouse, 191 Kan. 694, 383 P.2d 978, 982; People v. Collins, 172 Cal.App.2d 295, 3......
  • Conley v. State, No. 90-1745
    • United States
    • Court of Appeal of Florida (US)
    • January 2, 1992
    ...second punishment for the former offenses, but is instead a "more severe punishment for the last offense." Id. Accord Washington v. Mayo, 91 So.2d 621, 623 SENTENCING ISSUE 2 Conley was convicted of armed burglary of a dwelling (Count I) and armed robbery (Count V), both first-degree feloni......
  • Greene v. State, No. 39453
    • United States
    • United States State Supreme Court of Florida
    • July 30, 1970
    ...14 'No state shall * * * pass any * * * ex post facto Law. * * *' U.S.Const. art. I, § 10. 15 96 Fla. 768, 119 So. 380 (1928). 16 91 So.2d 621 17 Fla.Stat. § 775.09, F.S.A.: 'Punishment for second conviction of felony.--A person who, after having been convicted within this state of a felony......
  • Deiter v. Com.
    • United States
    • Virginia Supreme Court of Virginia
    • January 18, 1965
    ...In Re Bean's Petition, 139 Mont. 625, 365 P.2d 936, 937; Poppe v. State, 155 Neb. 527, 52 N.W.2d 422, 426-427; Washington v. Mayo, Fla., 91 So.2d 621, 623; State v. George, supra, 48 So.2d at p. 269; Johnson v. Crouse, 191 Kan. 694, 383 P.2d 978, 982; People v. Collins, 172 Cal.App.2d 295, ......
  • Request a trial to view additional results

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