JAMES WESLEY ROSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1971-11-05
No. 71-79
PIERCE, C. J., and HOBSON, J., concur.
254 So. 2d 40 Florida District Court of Appeal, Second District (1971) Positive Treatment
Cited by 8 cases
Topics
Kidnapping Robbery

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Opinion of the Court
LILES, Judge.

LILES, Judge.

Appellant was informed against for the crime of kidnapping and robbery. He was tried by jury and found guilty on both counts. During the course of his trial a psychiatrist testified to the effect that ap*41pellant’s ability to determine right from wrong was blunted at the time these acts were committed. Appellant asserts this diagnosis was not rebutted by the State.

It is true from the record that the psychiatrist testified to that effect; however, it is within the province of the jury or the trier of fact to determine the defendant’s sanity at the time of the crime, based on proper expert testimony. Acree v. State, 1943, 153 Fla. 561, 15 So.2d 262; Crum v. State, Fla.App.1965, 172 So.2d 24. Since the jury found defendant guilty on both counts, they obviously did not believe the defendant to be incapable of knowing right from wrong.

For these reasons the judgment is affirmed.

PIERCE, C. J., and HOBSON, J., concur.

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Citator

Cited By

  • Byrd v. State, 297 So. 2d 22 (Fla. 1974)
    …1969); Brady v. State, 190 So. 2d 607 (Fla.App.3d 1966); Byrd v. State, 178 So. 2d 886 (Fla.App.2d 1965). .148 So. 2d 526 (Fla.1963). . Id. at 527. . 45 Fla. 128, 34 So. 279 (1903). . 97 So. 2d 241 (Fla.1957). . 26 Fla. 11, 7 So. 593 (1890). . 254 So. 2d 40 (Fla.App.2d 1971). . Id. at 41. . 141 Fla. 508, 193 So. 762 (1940).…
  • Hill v. State, 358 So. 2d 190 (Fla. 1st DCA 1978)
    …covered from his schizophrenic process” but that psychological tests “showed features of schizophrenic process, in remission.” . E. g., Jones v. State, 332 So. 2d. 615 (Fla.1976); McClain v. State, 327 So. 2d 106 (Fla. 1st DCA 1976); Ross v. State, 254 So. 2d 40 (Fla. 2d DCA 1971); Blatch v. State, 216 So. 2d 261 (Fla. 3d DCA 1968). . Commonwealth ex rel. Finken v. Roop, 234 Pa.Super. 155, 181-82, 339 A. 2d 764, 777-78 (1975), quoted approvingly in In re Beverly, 342 So. 2d 481, 484-85 (Fla.1977). . Stati…
  • Ross v. State, 287 So. 2d 372 (Fla. 2d DCA 1973)
    …ef are refuted by the record, but his conclusion is not. The trial judge denied relief without an evidentiary hearing, and Ross appealed. We have the transcript of his trial from an earlier direct appeal, in which this court affirmed the conviction, 254 So. 2d 40 (Fla.App.2d 1971). A reading of the transcript leads us to the conclusion that Ross himself has forgotten at least some of the significant details. But there is in this case a compound violation of the principle laid down in Anders v. California, 19…

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