Washington v. Mayo
| Court | United States State Supreme Court of Florida |
| Writing for the Court | Author: Buford |
| Citation | 31 So.2d 870,159 Fla. 477 |
| Parties | WASHINGTON v. MAYO. |
| Decision Date | 19 September 1947 |
31 So.2d 870
159 Fla. 477
WASHINGTON
v.
MAYO.
Florida Supreme Court
September 19, 1947
Ishmael Washington, in pro. per.
J. Tom Watson, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for respondent.
BUFORD, Justice.
On August 10, 1947 petitioner exhibited in this Court a document which we considered as a petition for writ of habeas corpus and thereupon issued the writ.
The petitioner based his claim of right to be discharged upon our enunciations in Joyner v. State, Fla., 30 So.2d 304, third headnote.
The return of the Attorney General which sets up the record of the several convictions of petitioner shows that the petitioner was convicted on January 11, 1926 of a felony in the Circuit Court of Jackson County and sentenced to serve five years in the State Prison. After the expiration of this five year sentence, on September 4, 1934, petitioner was convicted of a felony in the Criminal Court of Record in Duval [159 Fla. 478] County alleged to have been committed on a date subsequent to the conviction for the former offense and was sentenced to serve a term of 18 months in Duval County jail. After the expiration of this term, on October 31, 1936, petitioner was convicted of a felony in the Criminal Court of Record of Duval County alleged to having been committed at a date subsequent to conviction of last offense and was sentenced to serve a period of two years. After the expiration of this term and on August 27, 1940, petitioner was convicted of a felony in the Criminal Court of Duval County, alleged to have been committed at a date subsequent to conviction of last offense, and was sentenced to serve six years. That period of sentence has now expired but on the 5th day of September, 1940, subsequent to the four convictions, supra, pertitioner was informed against and charged with being guilty of fourth conviction of a felony and, upon conviction, was sentenced to serve the balance of his natural life in State Prison.
So it definitely appears from the record that this petitioner does not come within the purview of the Joyner case, supra; nor does he fall within the purview of Ex parte Puckett, Fla., 31 So.2d 868, nor within the purview of Clemens v. Mayo, Fla., 31 So.2d 869. On the contrary, the record here shows that the several convictions of petitioner were had in such manner as to come within the purview of Section 775.09 and Section 775.10, Florida...
To continue reading
Request your trial
-
Washington v. Mayo
...the cause that, in respect to petitioner's first contention, this is precisely what he seeks to do. For in the case of Washington v. Mayo, 159 Fla. 477, 31 So.2d 870, involving the present petitioner, this Court denied a writ of habeas corpus upon a petition setting forth the same objection......
-
Washington v. Mayo
...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 decis......
-
Perry v. Mayo
...after the preceding conviction; and this being so the rigid rule announced in Joyner v. State, supra, was relaxed. Washington v. Mayo, 159 Fla. 477, 31 So.2d Bearing these two cases in mind, we proceed to examine a few decisions that seem to typify the pronouncements in both. In Scott v. Ma......
-
State ex rel. McClelland v. Mayo
...to charge the petitioner with the offense for which he was convicted. See Joyner v. State, 158 Fla. 806, 30 So.2d 304; Washington v. Mayo, 159 Fla. 477, 31 So.2d 870; Perry v. Mayo, Fla., 72 So.2d 382, In his return to the Writ, the respondent concedes that the information was insufficient ......
-
Washington v. Mayo
...the cause that, in respect to petitioner's first contention, this is precisely what he seeks to do. For in the case of Washington v. Mayo, 159 Fla. 477, 31 So.2d 870, involving the present petitioner, this Court denied a writ of habeas corpus upon a petition setting forth the same objection......
-
Washington v. Mayo
...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 decis......
-
Perry v. Mayo
...after the preceding conviction; and this being so the rigid rule announced in Joyner v. State, supra, was relaxed. Washington v. Mayo, 159 Fla. 477, 31 So.2d Bearing these two cases in mind, we proceed to examine a few decisions that seem to typify the pronouncements in both. In Scott v. Ma......
-
State ex rel. McClelland v. Mayo
...to charge the petitioner with the offense for which he was convicted. See Joyner v. State, 158 Fla. 806, 30 So.2d 304; Washington v. Mayo, 159 Fla. 477, 31 So.2d 870; Perry v. Mayo, Fla., 72 So.2d 382, In his return to the Writ, the respondent concedes that the information was insufficient ......