Ashcraft v. State, s. 53551-53553
| Decision Date | 01 February 1979 |
| Docket Number | Nos. 53551-53553,s. 53551-53553 |
| Citation | 367 So.2d 630 |
| Parties | James E. ASHCRAFT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Consolidated Appeals from the Circuit Court in and for Pinellas County; Mark R. McGarry, Judge.
Aubrey O. Dicus, Jr., of Battaglia, Ross, Stolba & Forlizzo, St. Petersburg, for appellant.
Jim Smith, Atty. Gen., and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.
These three consolidated cases are before us on direct appeal from an order of the circuit court upholding the validity of section 918.017(1), Florida Statutes (1977), which directs the bifurcation of criminal proceedings when the defendant relies upon the defense of insanity. We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution.
Subsequent to trial in these cases, we held section 918.017(1) unconstitutional. State ex rel. Boyd v. Green, 355 So.2d 789 (Fla.1978). Accordingly, the decision of the trial court is reversed and the cause remanded for proceedings consistent with State ex rel. Boyd v. Green.
It is so ordered.
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Freeman v. State, 54064
...timely filed a motion for a new trial on the basis of the Boyd decision, but the trial court denied said motion. In Ashcraft v. State, 367 So.2d 630 (Fla.1979), the defendant made an oral motion immediately prior to trial which challenged the constitutionality of section 918.017(1), Florida......