WILLIAM DORTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.

Fla. 5th DCA | 2018-06-01
No. Case No. 5D18–649
247 So. 3d 714 Florida District Court of Appeal, Fifth District (2018) Caution
Cited by 1 case
Topics
Not Guilty By Reason Of Insanity Postconviction Relief Ineffective Assistance Of Counsel

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Opinion of the Court
PER CURIAM.

PER CURIAM.

William Dorton appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm.

Dorton was charged with attempted felony murder. He was found not guilty by reason of insanity and committed to the custody of the Department of Children and Families. He subsequently filed a motion for postconviction relief, alleging ineffective assistance of counsel. The trial court considered the matter on the merits and denied the motion.

Rule 3.850(a) plainly applies only to "claims for relief from judgment or release from custody by a person who has been tried and found guilty or has entered a plea of guilty or nolo contendere." Because Dorton was found not guilty by reason of insanity, he has no claim for relief under rule 3.850.

AFFIRMED.

ORFINGER, EVANDER and EISNAUGLE, JJ., concur.

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Citator

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  • Drinks v. State (Fla. 3d DCA 2025)
    …e 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…

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