Cioli v. State

District Court of Appeal of Florida

Cioli v. State

303 So. 2d 82, 1974 Fla. App. LEXIS 8267

CourtDistrict Court of Appeal of Florida

DecidedNovember 8, 1974

DocketNo. 74-211

StatusPublished

Cited by1 cases

This text of 303 So. 2d 82 (Cioli v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cioli v. State, 303 So. 2d 82, 1974 Fla. App. LEXIS 8267 (Fla. Ct. App. 1974).

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Opinion

PER CURIAM.

This is an appeal from a denial of a motion to vacate, F.R.Cr.P. 3.850, without an evidentiary hearing thereon. The basis of appellant’s claim, raised twenty months after sentencing, was that he was mentally incompetent at the time of trial. We reverse.

A motion to vacate, F.R.Cr.P. 3.-850, is the proper procedure to raise this issue. As is necessary, appellant’s sworn petition contained detailed allegations of material and relevant facts which were sufficient to constitute a basis for the collateral inquiry. Knight v. State, 164 So.2d 229 (3d D.C.A.Fla.1964). An evidentiary hearing should have been granted based on the standards as set forth in Brumley v. State, 224 So.2d 447 (4th D.C.A.Fla.1969). Inasmuch as an accused can not be tried, sentenced, or executed while insane, Horace v. Culver, 111 So.2d 670 (Fla.1959), if the court finds the appellant was insane at the time of trial, it should proceed in accordance with F.R.Cr.P. 3.210(a)(3). If the defendant is found to be sane the court should deny the motion.

Reversed and remanded for proceedings consistent herewith.

Reversed and remanded.

OWEN, C. J., and WALDEN and DOWNEY, JJ., concur.

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PER CURIAM.

This is an appeal from a denial of a motion to vacate, F.R.Cr.P. 3.850, without an evidentiary hearing thereon. The basis of appellant’s claim, raised twenty months after sentencing, was that he was mentally incompetent at the time of trial. We reverse.

A motion to vacate, F.R.Cr.P. 3.-850, is the proper procedure to raise this issue. As is necessary, appellant’s sworn petition contained detailed allegations of material and relevant facts which were sufficient to constitute a basis for the collateral inquiry. Knight v. State, 164 So.2d 229 (3d D.C.A.Fla.1964). An evidentiary hearing should have been granted based on the standards as set forth in Brumley v. State, 224 So.2d 447 (4th D.C.A.Fla.1969). Inasmuch as an accused can not be tried, sentenced, or executed while insane, Horace v. Culver, 111 So.2d 670 (Fla.1959), if the court finds the appellant was insane at the time of trial, it should proceed in accordance with F.R.Cr.P. 3.210(a)(3). If the defendant is found to be sane the court should deny the motion.

Reversed and remanded for proceedings consistent herewith.

Reversed and remanded.

OWEN, C. J., and WALDEN and DOWNEY, JJ., concur.

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303 So. 2d 82, 1974 Fla. App. LEXIS 8267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cioli-v-state-fladistctapp-1974.

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