HOMER WAYNE MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the trial court's finding that the appellant was mentally competent at the time of his trial and sentencing.
Following a prior remand for a competency hearing, the trial court found the appellant competent. The appellate court reviewed the record, including t…
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BOARDMAN, Judge.
In our original opinion filed in this case (Fla.App.2d, 1974, 289 So. 2d 418) we remanded the cause to the Circuit Court of Pinellas County (trial court) with directions to determine, according to RCrP 3.-210(a), whether appellant was mentally competent at the time of his trial. Subsequently, the trial court carried out our directions and entered an appropriate order. The trial court’s order, in pertinent part, is as follows:
1. Homer Wayne Mitchell was, at all times pertinent hereto, and including the 9th day of April, 1973 and the 3rd day of May, 1973, capable of understanding the nature of the charges against him and was further legally sane and competent and capable of assisting his counsel in the preparation and presentation of his defense.
We have reviewed the record, including the transcript of the sanity hearing and find that the evidence was sufficient to sustain the findings of the trial court. We have also examined and reconsidered appellant’s other issues raised on this appeal and find they do not constitute reversible error. Accordingly, the judgments and sentences are
Affirmed.
McNULTY, C. J., and HOBSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Walker v. State, 384 So. 2d 730 (Fla. 4th DCA 1980)…el presented something more than a bare or vague assertion of incompetency. See, e. g., Pedrero v. State, 262 So. 2d 737 (Fla. 2d DCA 1972), on remand 271 So. 2d 201 (Fla. 2d DCA 1973); Mitchell v. State, 289 So. 2d 418 (Fla. 2d DCA 1974), on remand 311 So. 2d 181 (Fla. 2d DCA 1975); Meeks v. State, 289 So. 2d 479 (Fla. 3d DCA 1974); Boggs v. State, 375 So. 2d 604 (Fla. 2d DCA 1979). Support for this position can also be found in Federal decisions dealing with the constitutional right not to be tried while i…
Authorities Cited
- Dempster v. Dempster, 289 So. 2d 418 (Fla. 1st DCA 1974)
- Mitchell v. State, 289 So. 2d 418 (Fla. 2d DCA 1974)