Marvin Lee Hill v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Marvin Lee Hill, a prisoner of the State of Florida, has taken this appeal from the district court’s denial of his petition for habeas corpus relief, wherein he sought credit for certain time spent in custody prior to being sentenced. We vacate the ruling below, and remand for further proceedings.

The appellant was convicted upon trial by jury of attempted robbery and aggravated assault. He was sentenced on February 12, 1970 to serve five years for each offense, the sentences to be served consecutively. Five years is the maximum prison term imposable for each of these offenses. 1 The trial…