Sands v. State

District Court of Appeal of Florida

Sands v. State

807 So. 2d 165, 2002 Fla. App. LEXIS 1401, 2002 WL 215419

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 2002

DocketNo. 3D01-3248

StatusPublished

This text of 807 So. 2d 165 (Sands 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

Sands v. State, 807 So. 2d 165, 2002 Fla. App. LEXIS 1401, 2002 WL 215419 (Fla. Ct. App. 2002).

Pincite

Opinion

PER CURIAM.

The order denying postconviction relief is affirmed. First, appellant never swore to the allegations in the postconviction mo[166]*166tion. Second, the file reflects that there were psychological evaluations in March 1998 and June 1996. The trial judge heard appellant’s testimony at the hearing on the motion to suppress evidence in December 1998, thus having an opportunity to hear and observe the appellant. Later the same day, the judge in a thorough plea colloquy ascertained that appellant understood the plea and made all of the relevant findings. The record conclusively refutes appellant’s claim of mental incapacity.

Affirmed.

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PER CURIAM.

The order denying postconviction relief is affirmed. First, appellant never swore to the allegations in the postconviction mo[166]*166tion. Second, the file reflects that there were psychological evaluations in March 1998 and June 1996. The trial judge heard appellant’s testimony at the hearing on the motion to suppress evidence in December 1998, thus having an opportunity to hear and observe the appellant. Later the same day, the judge in a thorough plea colloquy ascertained that appellant understood the plea and made all of the relevant findings. The record conclusively refutes appellant’s claim of mental incapacity.

Affirmed.

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Bluebook (online)

807 So. 2d 165, 2002 Fla. App. LEXIS 1401, 2002 WL 215419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sands-v-state-fladistctapp-2002.