Vann v. State, 77-2149
| Decision Date | 06 February 1979 |
| Docket Number | No. 77-2149,77-2149 |
| Citation | 366 So.2d 1241 |
| Parties | Billy Lawrence VANN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bergstresser & DuVal, Miami, for appellant.
Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.
Before HAVERFIELD, C. J., and PEARSON and HENDRY, JJ.
Billy Lawrence Vann, defendant, appeals his convictions and sentences for aggravated assault and attempted murder in the second degree.
In three informations Vann was charged with: aggravated assault (Case No. 76- 10394), attempted murder in the second degree (Case No. 77-860) and carrying a concealed firearm (Case No. 77-2529). Initially he entered pleas of not guilty by reason of insanity to all three charges which arose out of separate incidents. Case No. 76-10394 was tried non-jury and after the prosecution presented a prima facie case and the trial judge rejected his defense of insanity, Vann withdrew his not guilty to all three charges (Cases Nos. 76-10394, 77-860, and 77-2529). When the trial judge informed Vann that the aggravated assault and attempted murder in the second degree charges necessitated mandatory consecutive three-year sentences, Vann moved to withdraw the guilty pleas to these two charges. His motion was denied and Vann was sentenced to consecutive sentences of three years each for aggravated assault and attempted murder and five years probation for carrying a concealed firearm.
Vann first urges as reversible error the rejection of his defense of insanity.
With respect to this issue the record contains the reports of two psychiatrists who opined that Vann did possess the capacity to comprehend the wrongfulness of his actions at the time he committed the acts for which he was charged. We, therefore, conclude that there was sufficient competent evidence to support the determination of the trial judge, sitting as the trier of the facts, that Vann was sane. Cf. French v. State, 266 So.2d 51 (Fla. 3d DCA 1972).
For the next two points on appeal, Vann argues that the trial court erred in (1) refusing to allow him to withdraw his guilty pleas to the charges of attempted second degree murder and aggravated battery; and (2) sentencing him to two consecutive mandatory sentences.
Vann contends that he should have been allowed to withdraw his guilty pleas because he was not aware at the time of the entry of his pleas that the convictions would carry with them a mandatory three-year sentence. The colloquy between Vann's counsel and the trial...
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Davis v. State, 80-1656
...not altered by the fact that a consecutive three-year mandatory minimum sentence attached to the kidnapping count, see Vann v. State, 366 So.2d 1241 (Fla. 3d DCA 1979). Affirmed in part; reversed in part. 1 Count III, charging grand larceny, was dismissed.2 Davis' plea of guilty to the offe......
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Baker v. State, 80-180
...each of thirteen related robberies. Such double minimum mandatory sentences may also be made to run consecutively. See Vann v. State, 366 So.2d 1241 (Fla. 3d DCA 1979), and Palmer v. State, supra. On this point, the whole difference between the majority and this dissent is simply whether or......
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Palmer v. State
...mandatory minimum sentences for offenses arising from separate incidents occurring at separate times and places. See Vann v. State, 366 So.2d 1241 (Fla. 3d DCA 1979). We find no other reversible error. The cause is remanded to the district court with directions to remand to the trial court ......
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Palmer v. State, s. 89-852
...(1990). We find no error in the stacking because of the multiple offenses. Palmer v. State, 438 So.2d 1, 4 (Fla.1983); Vann v. State, 366 So.2d 1241 (Fla. 3d DCA 1979). However, because gain time is available as to minimum mandatory time given under Section 893.135(1), Florida Statutes (199......