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448 So. 2d 1157

DeFriest v. State

District Court of Appeal of Florida · decided 1984-04-13

Cited by 3 later decisions — most recently April 2018

3 state decisions

Key passage — most relied on by later courts

“There is a legal presumption of sanity in criminal proceedings.”

quoted by 1 later decision, including WILLIAM SALLEE v. STATE OF FLORIDA

Relies on 249 So. 2d 474 - Campbell v. Stoner

Good law ✅— No negative treatment on recordhow we know

Decided 1984-04-13

View the full empirical analysis of this case →

MILLS, Judge.

¶1DeFriest appeals the trial court’s denial of his Rule 3.850 motion without an eviden-tiary hearing. We affirm.

¶2On 11 August 1980, DeFriest pled guilty to the charge of escape. On 22 September 1980, in another criminal case he was examined by a psychologist who concluded he was incompetent on that date to actively seek help and understand the sentencing situation before him.

¶3DeFriest seeks an evidentiary hearing to determine his competency on 11 August 1980 and to determine whether his attorney was ineffective.

¶4There is a legal presumption of sanity in criminal proceedings. Campbell v. Stoner, 249 So.2d 474 (Fla. 3d DCA 1971). There is nothing in the record to indicate that DeFriest was incompetent on 11 August 1980. In fact, he and his attorney stated under oath that they were not aware of any mental illness on his part in the past or present.

¶5He also stated under oath that he was satisfied with the services of his attorney.

¶6AFFIRMED.

WENTWORTH and BARFIELD, JJ., concur.
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