Pedrero v. State, 71--923
| Citation | 271 So.2d 201 |
| Decision Date | 05 January 1973 |
| Docket Number | No. 71--923,71--923 |
| Parties | Joe PEDRERO, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
In this case, on May 26, 1972, 262 So.2d 737, we entered order remanding the cause back to the Polk County Criminal Court of Record as the trial Court, with directions to that Court to determine in a full hearing, as required by CrPR 1.210(a), F.S.A., whether Pedrero, as defendant therein, was or was not sane at the time of his trial, and to thereafter transmit the entire record of this case, including a transcript of the sanity hearing and a copy of the trial Judge's order respecting Pedrero's said sanity at the time of the trial, back to this Court for further proceedings herein.
Thereafter the trial Court did assume temporary jurisdiction of the cause and did faithfully carry out the directions of this Court with respect to conducting such sanity hearing, and has forthwith transmitted back to this Court the entire record in this cause, including the transcript of said sanity hearing and a copy of the trial Judge's order pursuant thereto.
The trial Judge has found and adjudged that appellant Pedrero, at the time of the trial of this cause and on November 30, 1971, was competent to stand trial upon the criminal charges upon which he was previously tried. This Court has carefully examined and considered the evidence adduced before the trial Judge at said sanity hearing and finds that such evidence was amply sufficient to sustain the findings and adjudication of the trial Court with respect to Pedrero's sanity at the time of his said trial.
This now brings up the question of the competency or otherwise of Pedrero at the time the alleged offense was committed. This not only entails the fact of competency itself but also the legal standing of Pedrero to raise the issue of his alleged insanity after the trial has been had and judgment and sentence entered against him.
CrPR 3.210(b), (c) provides for detailed procedure in order to make such defense available to a defendant. It provides generally for advance notice to be given by a defendant that such defense is proposed to be relied upon, either at the time of arraignment or prior thereto. Defendant is required to file within a specified time a statement of...
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Pedrero v. Wainwright
...the insanity defense barred him from raising the issue either at or after the trial. The conviction was affirmed. Pedrero v. State, 1973, Fla.Dist.Ct.App., 271 So.2d 201. Pedrero then brought his case to the federal courts. 2 In 1975 he filed a habeas corpus petition in the United States Di......
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Walker v. State
...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 (Fl......