Demarco v. State

District Court of Appeal of Florida

Demarco v. State

522 So. 2d 923, 13 Fla. L. Weekly 638, 1988 Fla. App. LEXIS 872, 1988 WL 18560

CourtDistrict Court of Appeal of Florida

DecidedMarch 9, 1988

DocketNo. 87-2217

StatusPublished

This text of 522 So. 2d 923 (Demarco 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.

Bluebook

Demarco v. State, 522 So. 2d 923, 13 Fla. L. Weekly 638, 1988 Fla. App. LEXIS 872, 1988 WL 18560 (Fla. Ct. App. 1988).

Pincite

Opinions

PER CURIAM.

We affirm the trial court’s denial of appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant was charged with eight counts of sexual battery. The trial judge who accepted appellant’s plea to the original charges of eight counts of indecent assault and sentenced him on April 1, 1985, also was the trial judge who considered his motion filed in August, 1987.

The transcript of the plea was attached to the state’s response to the motion, and the trial court denied the motion based upon same, without an evidentiary hearing. The transcript reveals the trial court’s recommendation that appellant be placed in the Mentally Disordered Sex Offender Program because appellant was “sick.” It also reflects the trial court’s discussion of the differing psychiatric opinions as to appellant’s competency and appellant’s waiver of that issue at the time of plea.

The same trial judge signed an order of appellant’s competency to stand trial on April 1, 1985.

LETTS and GLICKSTEIN, JJ., concur. ANSTEAD, J., dissents with opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We affirm the trial court’s denial of appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant was charged with eight counts of sexual battery. The trial judge who accepted appellant’s plea to the original charges of eight counts of indecent assault and sentenced him on April 1, 1985, also was the trial judge who considered his motion filed in August, 1987.

The transcript of the plea was attached to the state’s response to the motion, and the trial court denied the motion based upon same, without an evidentiary hearing. The transcript reveals the trial court’s recommendation that appellant be placed in the Mentally Disordered Sex Offender Program because appellant was “sick.” It also reflects the trial court’s discussion of the differing psychiatric opinions as to appellant’s competency and appellant’s waiver of that issue at the time of plea.

The same trial judge signed an order of appellant’s competency to stand trial on April 1, 1985.

LETTS and GLICKSTEIN, JJ., concur. ANSTEAD, J., dissents with opinion.

Cite This Page — Counsel Stack

Bluebook (online)

522 So. 2d 923, 13 Fla. L. Weekly 638, 1988 Fla. App. LEXIS 872, 1988 WL 18560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demarco-v-state-fladistctapp-1988.