State v. Nelson, (1948)
Court: Supreme Court of Florida
Number:
Visitors: 11
Judges: BARNS, J.:
Attorneys: J. Tom Watson, Attorney General, and Reeves Bowen, Assistant Attorney General, for appellant.
Lloyd Bass, for appellee.
Filed: Jul. 30, 1948
Latest Update: Mar. 02, 2020
Summary: The appellee procured his release on July 14, 1947, because of the impropriety of the sentence under which he was then held, and the State thereupon, on August 27, 1947, instituted *Page 745 proceedings by information to have a proper sentence imposed. This is an appeal by the State from an order granting defendant's-appellee's motion to quash an information charging appellee with being a second offender after the appellee had served the sentence imposed upon conviction of the second offense, wh
Summary: The appellee procured his release on July 14, 1947, because of the impropriety of the sentence under which he was then held, and the State thereupon, on August 27, 1947, instituted *Page 745 proceedings by information to have a proper sentence imposed. This is an appeal by the State from an order granting defendant's-appellee's motion to quash an information charging appellee with being a second offender after the appellee had served the sentence imposed upon conviction of the second offense, whi..
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I concur in the judgment of reversal. It is my view, however, that under section 775.09 and 775.11, Florida Statutes, 1941, F.S.A., a person may be proceeded against as a second offender without regard to whether he has or has not served the sentence imposed under the judgment of conviction for the second offense upon which the charge as a second offender under the statute is predicated.
THOMAS, C. J., concurs.
Source: CourtListener
