HILTON ALEXANDER MULLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1976-02-20
Nos. 75-227, 75-228
McNULTY, C. J., and HOBSON and GRIMES, TJ., concur.
327 So. 2d 106 Florida District Court of Appeal, Second District (1976) Caution
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

See Albritton v. Wainwright, Fla.1975, 313 So. 2d 763; Singletary v. State, Fla. App. 4th, 1974, 290 So. 2d 116.

McNULTY, C. J., and HOBSON and GRIMES, TJ., concur.


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  • Hill v. State, 358 So. 2d 190 (Fla. 1st DCA 1978)
    …71 report stated ambiguously that Hill had then “recovered 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 Be…
  • Sands v. State, 403 So. 2d 1090 (Fla. 3d DCA 1981)
    …to rely solely on the testimony of the lay witnesses. Therefore, the trial court was correct in rejecting the motion for directed verdict. Byrd v. State, 297 So. 2d 22 (Fla.1974); Davis v. State, 319 So. 2d 611 (Fla. 3d DCA 1975); McClain v. State, 327 So. 2d 106 (Fla. 1st DCA 1976); Cozart v. State, 399 So. 2d 1097 (Fla. 1st DCA 1981). The State concedes error, at least in the sentencing on the unlawful possession of a firearm count while engaged in a criminal offense. We agree. See: State v. Hegstrom, 401…
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    …, 528 So. 2d 529 (Fla. 2d DCA 1988). The state need not offer opinion evidence in rebuttal and may satisfy its burden by relying simply on lay witnesses’ testimony as to their perceptions of the defendant’s sanity. Van Horn, supra; McClain v. State, 327 So. 2d 106 (Fla. 1st DCA 1976). In this case, despite extensive defense evidence of insanity, it was not conclusive. The defense experts were not in agreement as to whether Appellant understood the nature and consequence of his act or whether he understood ri…

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