EUGENE EMERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the evidence was insufficient to prove the appellant was sane at the time of the homicide beyond a reasonable doubt.
Appellant was convicted of first-degree murder and had been previously adjudicated incompetent. The state had the burden to prove his sanity at the ti…
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DOWNEY, Judge.
Appellant was convicted of murder in the first degree and sentenced to life imprisonment. The sole point on appeal warranting consideration is the sufficiency of the evidence to overcome appellant’s defense of insanity.
Appellant had been adjudicated incompetent prior to the homicide involved herein. Thus, his plea of insanity placed the burden of proof upon the state to show he was sane at the time of the homicide. Wells v. State, Fla.1957, 98 So. 2d 795; Johnson v. State, Fla.App.1960, 118 So. 2d 234. We have carefully reviewed the testimony bearing on the question of appellant’s sanity at the time of the offense and are impressed with its inadequacy to prove appellant’s sanity within the limits of the McNaughton rule beyond and to the exclusion of every reasonable doubt. Accordingly, the judgment of conviction and sentence is reversed and remanded for a new trial.
Though not raised in the briefs, we note the only indication in the record of an adjudication of competency to stand trial is a docket entry that such a finding was made. It is our view that Rule 3.210, RCrP, 33 F.S.A., and Rodriguez v. State, Fla.App. 1970, 241 So. 2d 194, require a written order of the court determining the defendant to be competent to stand trial.
Reversed and remanded.
CROSS, J., and NANCE, L. CLAYTON, Associate Judge, concur.
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Alexander v. State, 380 So. 2d 1188 (Fla. 5th DCA 1980)…la. 1st DCA 1972.) One further point warrants discussion. Appellant contends that in any event, there was no legal or judicial decision made as to his competency because the Court never entered a written order. Appellant relies on Emerson v. State, 294 So. 2d 721 (Fla. 4th DCA 1974), which does indeed construe former Rule 3.210, Fla.R.Crim.P., 1972, as requiring a written order of competency, in turn relying on Rodriguez v. State, 241 So. 2d 194 (Fla. 3rd DCA 1970) as authority for that proposition. Reliance…
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Rosales v. State, 547 So. 2d 221 (Fla. 3d DCA 1989)…been restored. Wells v. State, 98 So. 2d 795 (Fla.1957). Where such a presumption attaches, the burden of proof shifts to the state to show that the defendant was sane at the time of the homicide. Wells v. State, 98 So. 2d at 798; Emerson v. State, 294 So. 2d 721 (Fla. 4th DCA 1974); Alvord v. Wainwright, 564 F.Supp. 459 (M.D.Fla.1983) (applying Florida law). Since the decision of whether there has been sufficient evidence of insanity to rebut the standard presumption of sanity is left to the jury, the jury…
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Dykman v. State, 300 So. 2d 695 (Fla. 3d DCA 1974)…522. Although not raised in his brief, the appellant has argued that the cause must be remanded to the trial court for the entry of a written order adjudicating the appellant competent to stand trial. He relies upon Emerson v. State, Fla.App.1974, 294 So. 2d 721. We need not determine the applicability of the holding in that case to the situation now before us because the record reflects a written order finding the appellant sane and a written order declaring the appellant competent to stand trial and to as…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wells v. State, 98 So. 2d 795 (Fla. 1957)
- Louis (Lew) Moses v. Englander, 118 So. 2d 234 (Fla. 3d DCA 1960)
- Rodriguez v. State, 241 So. 2d 194 (Fla. 3d DCA 1970)