JACK SOBEL AND BERNARD HOROWITZ, APPELLANTS,
v.
ALBERT E. SELENKOW, APPELLEE

Fla. 3d DCA | 1969-01-07
No. 68-645
Before PEARSON, BARKDULL and HENDRY, JJ.
218 So. 2d 485 Florida District Court of Appeal, Third District (1969) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See § 674.32, Fla.Stat. (1965) [superseded by §§ 673.3-304(4) (c) and 673.3-415, Fla.Stat. (1967)], and Ebeling v. Lowry, Fla.App.1967, 203 So.2d 506.

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    …earing that petitioner “had been in and out of jails and prisons for most of his adult life . . . .” Tr. of Habeas Corpus Proceedings 209. Petitioner had, for example, previously been convicted of assault with intent to commit rape. Darden v. State, 218 So. 2d 485 (Fla. App. 1969). In addition, if defense counsel had attempted to offer testimony that petitioner was incapable of committing the crimes at issue here, the State could have responded with a psychiatric report that indicated that petitioner “very we…

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