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322 So. 2d 476

Sanders v. Wainwright

Supreme Court of Florida

Decided November 12, 1975

Supreme Court of Florida · decided 1975-11-12

Cited by 1 later decisions — most recently June 1997

1 state decisions

Relies on 322 So. 2d 473 - Benyard v. Wainwright · 290 So. 2d 39 - Brumit v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Decided 1975-11-12

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PER CURIAM.

¶1Petition 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 Brumitviolation occurring because of the old practice of making parole revocations effective at a future date after completion of an intervening sentence, which Brumitand its progeny no longer allow.

¶2Respondent 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

¶3Discharged.

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