01-3248 SANDS V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d01-3248

Case Date: 02/13/2002

Plaintiff: 01-3248 SANDS

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2002

PAUL LENARD SANDS, Appellant, vs. THE STATE OF FLORIDA,

** ** ** ** CASE NO. 3D01-3248

LOWER TRIBUNAL NOS. 96-16760B Appellee. ** 98-6615 98-6616 98-8859 Opinion filed February 13, 2002.

An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, David H. Young, Judge. John H. Lipinski, for appellant. Robert A. Butterworth, Attorney General, and Steven R. Parrish, Assistant Attorney General, for appellee.

Before COPE, FLETCHER and RAMIREZ, JJ. PER CURIAM. The order denying postconviction relief is affirmed. First, appellant never swore to the allegations in the postconviction motion. Second, the file reflects that there were psychological

evaluations in March 1998 and June 1996.

The trial judge heard

appellant's testimony at the hearing on the motion to suppress evidence in December 1998, thus having an opportunity to hear and observe the appellant. Later the same day, the judge in a thorough plea colloquy ascertained that appellant understood the plea and made all of the relevant findings. The record conclusively refutes appellant's claim of mental incapacity. Affirmed.

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