Opinion
November 21, 1952.
Tom Jones, in proper person, petitioner.
Richard W. Ervin, Atty. Gen., and Leonard Pepper, Asst. Atty. Gen., for respondent.
In petition for habeas corpus petitioner alleges that on February 4, 1927, he was convicted in four indictments for breaking and entering and was sentenced to a total of 80 years at hard labor in the State Penitentiary by the Criminal Court of Record of Hillsborough County. It is also alleged that the said sentences, each and all of them, are illegal and void because there was no adjudication of guilt. The following is typical of the judgment and sentence in each case:
"It is the Judgment of the Court and the sentence of the law that you Tom Jones be taken by the Sheriff, or his lawful Deputy, to the State's Prison of the State of Florida, and delivered to the principal keeper thereof, and there to be confined in said State's prison at hard labor for a period of Twenty (20) Years from date of your incarceration therein.
"Sentence in this case to begin at the expiration of sentence in case no. 317."
Writ of habeas corpus was issued, a return to which admits that the judgment and sentence imposed on relator in 1927 did not contain an adjudication of guilt. The return alleges, however, that in June 1942, while on conditional pardon, petitioner was convicted on six separate charges of felony and was sentenced to four consecutive terms of 2 1/2 years each and two consecutive terms of one year and one day each in the State Penitentiary.
The return also shows that:
"petitioner had served 12 years, 1 month and 11 days before his conditional pardon, and 10 years, 3 months and 28 days after his revocation and subsequent sentences, a total of 22 years, 5 months and 9 days. He has in effect served, computing gain time, one full 20 years sentence of the 5 consecutive 20-year sentence given him in 1927, (which requires 11 years, 1 month and 13 days) and completed his 1942 sentences of 12 years and 2 days, (which requires an additional 6 years and 1 day), and has, in effect, served an additional 10 years, 7 months and 20 days on the second 20-years of his five 20-year sentences."
From this it follows that petitioner should be remanded to the custody of the Commissioner of Agriculture of the State with directions that he be delivered to the Sheriff of Hillsborough County to be taken before the Criminal Court of Record for a proper sentence, it appearing that he has not completed his 1927 sentences. State ex rel. House v. Mayo, 122 Fla. 23, 164 So. 673.
It is so ordered.
SEBRING, C.J., and THOMAS and HOBSON, JJ., concur.