MARK DEFRIEST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court properly denied an evidentiary hearing on the defendant's motion.
The defendant pled guilty to escape and was later found incompetent to understand sentencing. He sought an evidentiary hearing to determine his compet…
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MILLS, Judge.
DeFriest appeals the trial court’s denial of his Rule 3.850 motion without an evidentiary hearing. We affirm.
On 11 August 1980, DeFriest pled guilty to the charge of escape. On 22 September 1980, in another criminal case he was examined by a psychologist who concluded he was incompetent on that date to actively seek help and understand the sentencing situation before him.
DeFriest seeks an evidentiary hearing to determine his competency on 11 August 1980 and to determine whether his attorney was ineffective.
There is a legal presumption of sanity in criminal proceedings. Campbell v. Stoner, 249 So. 2d 474 (Fla. 3d DCA 1971). There is nothing in the record to indicate that DeFriest was incompetent on 11 August 1980. In fact, he and his attorney stated under oath that they were not aware of any mental illness on his part in the past or present.
He also stated under oath that he was satisfied with the services of his attorney.
AFFIRMED.
WENTWORTH and BARFIELD, JJ., concur.
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Savage v. State, 530 So. 2d 1077 (Fla. 1st DCA 1988)…re the trial court. Bush v. Wainwright, 505 So. 2d 409 (Fla.), cert, denied, — U.S.-, 108 S.Ct. 209, 98 L.Ed.2d 160 (1987); James v. State, 489 So. 2d 737 (Fla.), cert, denied, 477 U.S. 909, 106 S.Ct. 3285, 91 L.Ed.2d 574 (1986); De-Friest v. State, 448 So. 2d 1157 (Fla. 1st DCA 1984); State v. Williams, 447 So. 2d 356 (Fla. 1st DCA 1984). Nevertheless, the court will also consider evidence subsequent to the plea or trial, when it appears the record does not satisfactorily resolve the allegations of incompeten…1 / 2
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Sallee v. State, 244 So. 3d 1143 (Fla. 2d DCA 2018)
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McCOY v. State, 471 So. 2d 130 (Fla. 3d DCA 1985)…ef under Fla.R.Crim.P. 3.850 and this court having considered the record presented and having further determined that it conclusively appears therefrom that appellant is entitled to no relief, the denial of his motion is affirmed. DeFriest v. State, 448 So. 2d 1157 (Fla. 1st DCA 1984).…
Authorities Cited
- Campbell v. Stoner, 249 So. 2d 474 (Fla. 3d DCA 1971)