Alvarez v. State

Citations

• 50 Fla. 24

Syllabus

<p>CONDITIONAL PARDONS — EFFECT OF VIOLATION OF CONDITION — PROCEDURE UPON VIOLATION OF PARDON-REVOCATION OF PARDON.</p> <p>1. The law is settled that, where a criminal accepts a pardon, he accepts it subject to all its valid conditions and limitar tions, and will be held bound to a compliance therewith..</p> <p>2. Where a conditional pardon has been granted and accepted, and the convict has fulfilled the conditions thereof, the effect of the pardon becomes the same as though it were by its terms full and absolute.</p> <p>.3. Before delivery and acceptance a pardon may be revoked by the officer or body granting it; but if the pardon is not void in its inception, it cannot be revoked for any cause after 'its delivery and acceptance are complete, for then it has passed beyond the control of the officer or body who granted it, and becomes a valid and operative act, of the benefits of which its recipient can be deprived only in some appropriate legal proceeding.</p> <p>4. Where a prisoner has accepted a conditional pardon and has been released from imprisonment by virtue thereof, but has violated or failed to perform the conditions or any of them, the pardon, in case of a condition precedent, does not take effect, and in case of a condition subsequent, becomes void, and the criminal may thereupon be re-arrested and compelled to undergo the punishment imposed by his original sentence, or as much thereof as he had not suffered at the time of his release.</p> <p>6. Sometimes conditional pardons expressly provide that, upon violation of the condition, the offender shall be liable to summary arrest and recommitment for the unexpired portion of his original sentence. Such stipulations upon acceptance of the pardon become binding upon the convict and authorize his' re-arrest and recommitment upon the terms imposed, and authorize such arrest and recommitment In the manner and by or through the official authority as stipulated In the pardon.</p> <p>6. Where a convict has been re