CopyCited 24 times | Published | District Court, M.D. Florida | 1969 U.S. Dist. LEXIS 8750
...He too stated that he was not advised of his right to court-appointed counsel prior to trial. The maximum punishment under Florida Statutes, section 775.07 (1967), F.S.A., is two hundred dollars or ninety days, or both. Furthermore, Florida Statutes, section 922.04 (1967), F.S.A., provides that release is available to an indigent after sixty days incarceration solely for inability to pay a fine of three hundred dollars or less....
...Had an attorney been present, plaintiff Goodale could have benefitted from the assistance of counsel. He was incarcerated under this conviction at the time this suit was filed, and was later released under state habeas corpus proceedings brought under section 922.04....
...No opposition to this relief was expressed at the hearing or in the pleadings. It was admitted that he did not have counsel made available to him. Because plaintiff Goodale served the maximum time required under the sentence, as it was limited by operation of Florida Statutes, section 922.04, by which he was released after sixty days, no leave is granted to the State to rearrest, rearraign and retry plaintiff....
