WILLIE WESLEY HORACE, PETITIONER,
v.
R. O. CULVER, CUSTODIAN, FLORIDA STATE PRISON, RESPONDENT
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A prior adjudication of incompetence, not overcome by proof of current sanity, renders subsequent guilty pleas and sentences void, and habeas corpus is the proper remedy.
Petitioner, previously adjudicated incompetent and escaped from a mental hospital, pleaded guilty to criminal charges and received sentences. The adju…
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A writ of habeas corpus has issued upon the petition of Willie Wesley Horace, pres*671ently serving three ten year sentences imposed by the Circuit Court for Levy County on March 14, 1955, upon convictions based on pleas of guilty to charges of breaking and entering in August and September of 1954. The cause is now before us for final disposition upon respondent’s return.
Pleadings and exhibits herein establish that on August 5, 1950, petitioner was duly adjudged to be incompetent and was committed to the Florida State Hospital by the county judge for Leon County pursuant to Section 394.20, Florida Statutes 1949, F.S. A.; that in December, 1953, he escaped from that institution; that the events involved in this proceeding occurred after his escape, and record indications are that the above noted adjudication of incompetence remains in full force and effect.
Respondent recognizes the rule of our cases1 holding that a person adjudged to be insane is presumed to remain in that condition until it is shown that sanity has returned. While the presumption raised by the adjudication is not conclusive, the effect of the decisions is that it must be recognized unless and until it is overcome by a contrary finding or proof that at a particular time the party previously adjudged incompetent was in fact of sound mind. In the situation at bar, the rule clearly requires that the judgments and sentences imposed against petitioner, as well as his plea to the charges against him, be vacated and set aside.
The decided cases adequately dispose of the contention that any burden might rest upon the disabled party in such circumstances to' inform the court or formally plead his status. An accused cannot under our law be tried, sentenced or executed while insane,2 and the ignorance or good faith of the court and prosecuting officers does not serve to validate a proceeding conducted in violation of this precept.
The alternative argument is that the petitioner’s exclusive remedy- should be by way of writ of error coram nobis.3 While many authorities support this view when a judgment of conviction, valid on its face, is attacked on the ground that, although there was no knowledge by the parties or judicial declaration on the point, the defendant was in fact insane at the time of trial,4 we find no case involving an actual prior adjudication of incompetence not overcome by contrary findings. In the absence of this circumstance, of controlling importance in the case at bar, a judgment would logically be aided by the ordinary presumptions 5 so as to be immune to collateral attack. This Court has, however, previously approved the use of the writ of habeas corpus to set aside a judgment of conviction in circumstances very similar to those here involved, where a prior adjudication of incompetence had not, at the time of sentence, been formally controverted or overcome, and we reaffirm the conclusions reached in that case.6 Paren-*672theticaily, the observation of the court in the case cited in footnote 6, with reference to allowing the petitioner credit for the time he has already served on any sentence that might be imposed, should be considered by the trial court in this case if it should become material in the ensuing course of events.
The judgments and sentences attacked in this proceeding are accordingly vacated, the plea of guilty is set aside and the petitioner remanded to the custody of the sheriff of Levy County7 for further proceedings upon the informations filed against him in accordance with this opinion and the provisions of Section 917.01, Florida Statutes, F.S.A.
TERRELL, C. J., and HOBSON and THORNAL, JJ., concur.
THOMAS, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
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Fowler v. State, 255 So. 2d 513 (Fla. 1971)…Court. We decline to adjudicate defendant’s remaining contentions at this time because a finding of insanity at the time of trial would invalidate the entire trial proceeding and thereby render defendant’s remaining arguments moot. Horace v. Culver, 111 So. 2d 670 (Fla. 1959); Perkins v. Mayo, 92 So. 2d 641 (Fla. 1957) ; and Deeb v. State, 118 Fla. 88, 158 So. 880 (1935). If, however, the trial Court shall determine the defendant was insane at the time of trial but is now sane, the Court is directed to vacat…
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Blackburn v. Cochran, 114 So. 2d 684 (Fla. 1959)…eedings are accordingly vacated and the petitioner is hereby remanded to the custody of the Sheriff of Pinellas County for further proceedings upon the in-formations filed against him in accordance with the opinion of this Court in Horace v. Culver, 111 So. 2d 670, and the provisions of Section 917.01, Florida Statutes 1957, F.S.A. THOMAS, C. J., and PIOBSON, ROBERTS and O’CONNELL, JJ., concur.…
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Hill v. State, 358 So. 2d 190 (Fla. 1st DCA 1978)…ns have changed; it should be presumed, in the absence of countervailing evidence, that the condition which justified the original hospitalization order has continued, e. g, Hixon [*201] v. State, 165 So. 2d 436 (Fla. 2d DCA 1964); Horace v. Culver, 111 So. 2d 670 (Fla.1959); and there is general agreement that one who asserted his mental irresponsibility for a crime, winning hospitalization instead of jail or worse, should bear the burden of proving grounds for his release, e. g., Lynch v. Overholser, 369 U.…
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lamb v. State, 91 Fla. 396 (Fla. 1926)
- State ex rel. George J. Deeb v. Fabisinski, 111 Fla. 454 (Fla. 1933)
- Perkins v. Mayo, 92 So. 2d 641 (Fla. 1957)
- Corbin v. State, 129 Fla. 421 (Fla. 1937)
- Kirk v. Angus Morrison, 108 Fla. 144 (Fla. 1933)
- Wells v. State, 98 So. 2d 795 (Fla. 1957)
- D'Allessandro v. Tippins, 133 So. 332 (Fla. 1931)
- Butler v. Culver, 111 So. 2d 35 (Fla. 1959)