JIMMY JASPER DIXON, PETITIONER,
v.
H. G. COCHRAN, JR., DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
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The Florida Supreme Court vacated a judgment and sentence because the petitioner had been previously adjudged incompetent, and there was no evidence to overcome the presumption that this incompetence continued at the time of the offense and sentencing.
No, the judgment and sentence are not valid under these circumstances. The presumption of continued insanity must be overcome by evidence, which was lacking in this case.
“It appearing that at the time the petitioner plead guilty and was sentenced in January 1962 for an offense committed in March 1961, he had been adjudged incompetent in April 1960, and the record containing no evidence to overcome the presumption that petitioner's insanity continued at the time of commission of the alleged crime and the imposition of sentence.”
This quote establishes the core facts and legal presumption relied upon by the court.
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Join FLexlaw to unlock all legal intelligenceThe petitioner pleaded guilty and was sentenced in January 1962 for an offense committed in March 1961. At the time of pleading guilty and sentencing,…
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It appearing that at the time the petitioner plead guilty and was sentenced in January 1962 for an offense committed in March 1961, he had been adjudged incompetent in April 1960, and the record containing no evidence to overcome the presumption that petitioner’s insanity continued at the time of commission of the alleged crime and the imposition of sentence.
It is the order of this court that the judgment and sentence attacked be vacated, “the plea of guilty * * * set aside and the petitioner remanded” to the custody of the sheriff of Suwannee County for further proceedings upon the indictment filed against him in accordance with the provisions of Sec. 917.01, Florida Statutes 1959, F.S.A., and the opinion of this court in Horace v. Culver, Fla., Ill So.2d 670.
ROBERTS, C. J., and TERRELL, THOMAS, THORNAL and O’CON-NELL, JJ., concur.
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