Dixon v. Cochran

Supreme Court of Florida

Dixon v. Cochran

142 So. 2d 5, 1962 Fla. LEXIS 2887

CourtSupreme Court of Florida

DecidedJune 1, 1962

DocketNo. 31537

StatusPublished

This text of 142 So. 2d 5 (Dixon v. Cochran) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dixon v. Cochran, 142 So. 2d 5, 1962 Fla. LEXIS 2887 (Fla. 1962).

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Opinion

PER CURIAM.

It appearing that at the time the petitioner plead guilty and was sentenced in January 1962 for an offense committed in March 1961, he had been adjudged incompetent in April 1960, and the record containing no evidence to overcome the presumption that petitioner’s insanity continued at the time of commission of the alleged crime and the imposition of sentence.

It is the order of this court that the judgment and sentence attacked be vacated, “the plea of guilty * * * set aside and the petitioner remanded” to the custody of the sheriff of Suwannee County for further proceedings upon the indictment filed against him in accordance with the provisions of Sec. 917.01, Florida Statutes 1959, F.S.A., and the opinion of this court in Horace v. Culver, Fla., Ill So.2d 670.

ROBERTS, C. J., and TERRELL, THOMAS, THORNAL and O’CON-NELL, JJ., concur.

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PER CURIAM.

It appearing that at the time the petitioner plead guilty and was sentenced in January 1962 for an offense committed in March 1961, he had been adjudged incompetent in April 1960, and the record containing no evidence to overcome the presumption that petitioner’s insanity continued at the time of commission of the alleged crime and the imposition of sentence.

It is the order of this court that the judgment and sentence attacked be vacated, “the plea of guilty * * * set aside and the petitioner remanded” to the custody of the sheriff of Suwannee County for further proceedings upon the indictment filed against him in accordance with the provisions of Sec. 917.01, Florida Statutes 1959, F.S.A., and the opinion of this court in Horace v. Culver, Fla., Ill So.2d 670.

ROBERTS, C. J., and TERRELL, THOMAS, THORNAL and O’CON-NELL, JJ., concur.

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Bluebook (online)

142 So. 2d 5, 1962 Fla. LEXIS 2887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-cochran-fla-1962.