JOHN H. MCKINNON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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John McKinnon appeals his conviction for sexual battery and probation violation. The court affirmed the conviction, finding the trial court's proceedings were proper and the evidence overwhelming.
The court affirmed the conviction and probation violation, rejecting McKinnon's ineffective assistance of counsel claim and denying bond pending appeal.
[1] A guilty plea to carrying a concealed weapon, based on possession of a handgun during an incident involving a screaming female, does not preclude a subsequent sexual batt…
[2] A letter from a defendant to the trial judge complaining of counsel's alleged incompetency can be treated as a motion to vacate sentence.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The police heard a female screaming and found the defendant in the act of committing a sexual battery upon the victim.”
Establishes the overwhelming evidence against the defendant caught in the commission of the crime
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Join FLexlaw to unlock all legal intelligenceMcKinnon was on probation for carrying a concealed weapon after an earlier incident involving a screaming female. While on probation, a cab driver rep…
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. The initial charge of carrying a concealed weapon grew out of factual circumstances where defendant was seen by a witness dragging a screaming female down a city street. The police arrived and arrested defendant who was found in possession of a concealed hand gun. As a result of this incident he was charged with carrying a concealed weapon and pled guilty to the charge. He was placed on three years’ probation as a result. The present sexual battery charge grew out of circumstances where a cab driver reported seeing defendant dragging another screaming female down a city street. The police arrived, contacted the cab driver, and immediately went down an alleyway near some vacant homes. The police heard a female screaming and found the defendant in the act of committing a sexual battery upon the victim. A gun was found next to the defendant.
. Immediately after defendant’s violation of probation hearing, defendant returned to his cell and wrote the trial judge a letter complaining of alleged incompetency of counsel. The trial court considered this letter as a motion to vacate sentence pursuant to Rule of Criminal Procedure 3.850. The motion to vacate was denied in an order wherein the trial court discussed the overwhelming proof against the defendant and the fact that defense counsel had done everything possible in defense of the charge. In a later order considering the question of bond pending appeal, the trial court found that the appeal was frivolous in view of the substantive offense and the overwhelming proof.