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Sanders v. Wainwright

Supreme Court of Florida
Nov 12, 1975
322 So. 2d 476 (Fla. 1975)

Opinion

No. 46965.

November 12, 1975.

Case of Original Jurisdiction — Mandamus.

Willie Lee Sanders, in pro per.

Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for respondent.


Petition for mandamus reflected a prima facie Brumit v. Wainwright, 290 So.2d 39 (Fla. 1974), violation which triggered the issuance of our writ herein. Respondent's return concedes the Brumit violation occurring because of the old practice of making parole revocations effective at a future date after completion of an intervening sentence, which Brumit and its progeny no longer allow.

Respondent urges, however, that this inversion of sentences is "harmless" in the present circumstances where a recalculation would not give a different result in the time to be served, nor affect petitioner's release date. In light of this fact and in accordance with our decision in Benyard v. Wainwright, 322 So.2d 473 (Fla. 1975), the writ heretofore issued is

Discharged.

ADKINS, C.J., and ROBERTS, BOYD, OVERTON and ENGLAND, JJ., concur.


Summaries of

Sanders v. Wainwright

Supreme Court of Florida
Nov 12, 1975
322 So. 2d 476 (Fla. 1975)
Case details for

Sanders v. Wainwright

Case Details

Full title:WILLIE LEE SANDERS, PETITIONER, v. LOUIE L. WAINWRIGHT, DIRECTOR OF THE…

Court:Supreme Court of Florida

Date published: Nov 12, 1975

Citations

322 So. 2d 476 (Fla. 1975)