ERRO SALLAVIRTA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trier of fact was entitled to resolve conflicting evidence regarding the defendant's sanity in favor of sanity.
Appellant was convicted of leaving the scene of an accident involving a fatality. He appealed, arguing he was insane at the time of the offense.…
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The appellant, who was convicted of leaving the scene of an accident involving a fatality, presents a single point on his appeal. He urges that the trial court erred in adjudicating him guilty because the evidence demonstrated he was insane when the illegal act was committed.
Since sanity is a usual condition of man, one charged with a crime is presumed to be sane. Davis v. State, 44 Fla. 32, 32 So. 822, 828 (1902); Evans v. State, Fla.App.1962, 140 So.2d 348. Therefore, one who pleads insanity as a defense to a crime has the burden of establishing his insanity by raising a reasonable doubt as to his sanity at the time the illegal act was committed. McVeigh v. State, Fla.1954, 73 So.2d 694, 697; Camp v. State, Fla.App. 1963, 149 So.2d 367, 370. If he is able to establish such a reasonable doubt, the presumption vanishes; and the defendant is entitled to be acquitted if the state fails to overcome that reasonable doubt. Thomson v. State, 78 Fla. 400, 83 So. 291 (1919); Byrd v. State, Fla.App.1965, 178 So.2d 886.
The evidence as to the sanity of the appellant was in conflict. It was within the province of the trier of fact to resolve the conflict in favor of the sanity of the defendant. Crum v. State, Fla.App.1965, 172 So.2d 24. A review of the record now before us reveals that the decision of the trier of fact is amply supported by the evidence in the record.
Affirmed.
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Citator
Cited By
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Blatch v. State, 216 So. 2d 261 (Fla. 3d DCA 1968)…not whether the evidence is conflicting or where the “weight” of it lies, hut whether the record contains sufficient competent evidence to support the verdict of sanity. Crum v. State, Fla.App.1965, 172 So. 2d 24; Sallavirta v. State, Fla.App.1968, 210 So. 2d 487. This appellate court is faced, certainly not for the first time, with the pivotal question of sanity where both sides present evidence in their favor. Of necessity, the evidence conflicts. However, it is not the province of the parties to this app…
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French v. State, 266 So. 2d 51 (Fla. 3d DCA 1972)…nse. From our careful re [*53] view of the entire record we are satisfied that the record contains sufficient competent evidence to support the jury’s verdict of sanity. Crum v. State, Fla.App. 1956, 172 So. 2d 24; Sallavirta v. State, Fla.App.1968, 210 So. 2d 487; Blatch v. State, Fla.App.1968, 216 So. 2d 261. Therefore for the reasons stated the judgment and sentence under review are affirmed. Affirmed.…
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Williams v. State, 275 So. 2d 284 (Fla. 3d DCA 1973)…where evidence as to defendant’s sanity is in conflict, it is within the province of the trier of fact to resolve the conflict in favor of the sanity of the defendant. French v. State, Fla.App.1972, 266 So. 2d 51; Sallavirta v. State, Fla.App.1968, 210 So. 2d 487; Crum v. State, Fla.App.1965, 172 So. 2d 24. The above statement is true even where the conflict is between the testimony of lay witnesses and the opinions of psychiatrists. See Blatch v. State, Fla.App.1968, 216 So. 2d 261; Brady v. State, Fla.App.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Crum v. State, 172 So. 2d 24 (Fla. 3d DCA 1965)
- Davis v. State, 44 Fla. 32 (Fla. 1902)
- McVEIGH v. State, 73 So. 2d 694 (Fla. 1954)
- Junius C. Thomson v. State, 78 Fla. 400 (Fla. 1919)
- Byrd v. State, 178 So. 2d 886 (Fla. 2d DCA 1965)
- Evans v. State, 140 So. 2d 348 (Fla. 2d DCA 1962)
- Camp v. State, 149 So. 2d 367 (Fla. 2d DCA 1963)