Dickerson v. State

District Court of Appeal of Florida

Dickerson v. State

285 So. 2d 699

CourtDistrict Court of Appeal of Florida

DecidedNovember 23, 1973

DocketNo. 72-1042

StatusPublished

Cited by1 cases

This text of 285 So. 2d 699 (Dickerson 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

Dickerson v. State, 285 So. 2d 699 (Fla. Ct. App. 1973).

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Opinion

PER CURIAM.

On the basis of our review of the briefs and record on appeal, we are of the opinion that the motion for post-conviction relief contains sufficient allegations to entitle appellant to an evidentiary hearing under Rule 3.850, FRCrP, 33 F.S.A., on the issue of insanity at the time of trial, as such allegation is not conclusively refuted by the record. Blackman v. State, 256 So.2d 18 (Fla.App.1971). See also Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Cf. Fast v. State, 221 So.2d 203 (Fla.App.1969);. Estrella v. State, 215 So.2d 489 (Fla.App.1968); Thomas v. State, 210 So.2d 488 (Fla.App.1968); Estevez v. State, 206 So.2d 697 (Fla.App. 1968); Marti v. State, 163 So.2d 506 (Fla.App.1964); and Sampson v. State, 158 So.2d 771 (Fla.App.1963).

Accordingly, the order appealed is reversed and the cause is remanded to grant an evidentiary hearing.

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

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PER CURIAM.

On the basis of our review of the briefs and record on appeal, we are of the opinion that the motion for post-conviction relief contains sufficient allegations to entitle appellant to an evidentiary hearing under Rule 3.850, FRCrP, 33 F.S.A., on the issue of insanity at the time of trial, as such allegation is not conclusively refuted by the record. Blackman v. State, 256 So.2d 18 (Fla.App.1971). See also Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Cf. Fast v. State, 221 So.2d 203 (Fla.App.1969);. Estrella v. State, 215 So.2d 489 (Fla.App.1968); Thomas v. State, 210 So.2d 488 (Fla.App.1968); Estevez v. State, 206 So.2d 697 (Fla.App. 1968); Marti v. State, 163 So.2d 506 (Fla.App.1964); and Sampson v. State, 158 So.2d 771 (Fla.App.1963).

Accordingly, the order appealed is reversed and the cause is remanded to grant an evidentiary hearing.

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

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Bluebook (online)

285 So. 2d 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickerson-v-state-fladistctapp-1973.

Opinion

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