ABIGAIL L. DRINKS
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Abigail L. Drinks appeals the trial court's summary denial of her motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, contending she continues to suffer collateral consequences from a not guilty by reason of insanity finding rendered over three decades ago. The court affirmed, holding that Rule 3.850 relief is unavailable to persons adjudicated not guilty by reason of insanity because the rule by its plain text applies only to findings of guilt.
The court held that Rule 3.850 relief is unavailable because Drinks was not found guilty; instead, she was adjudicated not guilty by reason of insanity and therefore does not fall within the procedural ambit of the rule, which self-limits to findings of guilt.
[1] Florida Rule of Criminal Procedure 3.850 is limited to persons found guilty or who have entered a plea of guilty or nolo contendere.
[2] A finding of not guilty by reason of insanity does not qualify a person for postconviction relief under Florida Rule of Criminal Procedure 3.850.
Previewing 2 of 3 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“Florida Rule of Criminal Procedure 3.850 provides an avenue for relief from judgment or a custody release for any "person who has been tried and found guilty or has entered a plea of guilty or nolo contendere before a court established by the laws of Florida." ... By its plain text, the rule self-limits to findings of guilt.”
Establishes the core legal principle that Rule 3.850 applies only to guilty findings, not not guilty by reason of insanity verdicts
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn 1992, Drinks was adjudicated not guilty by reason of insanity of five counts of attempted first degree murder and involuntarily committed to a secu…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Not Guilty By Reason Of Insanity cases and more on FLexlaw
Third District Court of Appeal
State of Florida
Opinion filed December 31, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1720 Lower Tribunal No. F92-14471
________________
Abigail L. Drinks,
Appellant,
vs.
State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Alberto Milian, Judge. Abigail L. Drinks, in proper person. James Uthmeier, Attorney General, and Haccord Curry, Assistant Attorney General, for appellee. Before SCALES, C.J., and MILLER, and BOKOR, JJ. MILLER, J.
Appellant, Abigail L. Drinks, also known as Abigail Laticia King and
Abigail L. Johnson, appeals from the trial court’s summary denial of her motion for postconviction relief filed under Florida Rule of Criminal Procedure
3.850. On appeal, she contends the trial court reversibly erred in summarily denying relief because she continues to suffer the collateral consequences of a not guilty by reason of insanity finding rendered over three decades ago.
We affirm.
I
In 1992, Drinks was adjudicated not guilty by reason of insanity of five counts of attempted first degree murder and involuntarily committed to a secure, inpatient forensic facility. Drinks eventually no longer met the criteria for involuntary hospitalization; and, in 2010, the trial court entered an order purporting to terminate its jurisdiction over the case. See §§ 916.15(1),
916.16(1), Fla. Stat.
Fifteen years later, Drinks filed a statement with the trial court identifying herself as a member of the Sovereign Nuwaupian Nation and declaring her lineage.1 She subsequently sought postconviction relief on a myriad of grounds, including newly discovered evidence and various civil rights violations. After receiving a response from the State, the trial court summarily denied relief. This appeal ensued.
II
Florida Rule of Criminal Procedure 3.850 provides an avenue for relief from judgment or a custody release for any “person who has been tried and found guilty or has entered a plea of guilty or nolo contendere before a court established by the laws of Florida.” Id. By its plain text, the rule self-limits to findings of guilt. See Dorton v. State, 247 So. 3d 714, 715 (Fla. 5th DCA
2018).
Here, Drinks was not found guilty. Instead, she was adjudicated not guilty by reason of insanity and committed to a psychiatric facility. As a result, she is not procedurally postured to fall within the ambit of rule 3.850.
Accordingly, we affirm the order under review.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United States v. Ronn Darnell Sterling, 738 F.3d 228 (11th Cir. 2013)
- Dorton v. State, 247 So. 3d 714 (Fla. 5th DCA 2018)