Harvey v. Mayo

THOMAS, Justice.

On authority of the rule announced in Perry v. Mayo, Fla., 72 So.2d 382, the life sentence imposed in this case is held invalid, and the 'information is held insufficient to charge petitioner as a second offender.

The information contains allegations of four distinct convictions but is silent as to date of commission of offenses subsequent to the first conviction and term of sentence imposed for any conviction.

The petitioner is remanded to the trial court for further proceedings. If the state attorney can file an information properly charging the petitioner as a second or…