Peterson v. State

PEARSON, Judge.

The only question presented on this appeal is whether the trial judge abused his discretion in denying appellant’s motion to change his plea from nolo contendere to not guilty by reason of insanity. We hold upon authority of Eckles v. State, 132 Fla. 526, 180 So. 764 (1938), and Dodds v. State, Fla.App.1958, 100 So.2d 453, that the trial judge should have granted appellant’s motion and proceeded to a trial upon the merits.

The record reveals that the appellant has a history of psychopathy. He was discharged from the military service with a lifetime disability pension because of…