Legal Opinion

DeMotte v. State

District Court of Appeal of Florida

Decided November 9, 1967No. J-49PublishedCited by 5 opinions

1Opinion of the Court

SPECTOR, Judge.

Appellant seeks to have reviewed an order denying his motion to vacate the judgment of conviction and twenty-year sentence imposed upon him after he pled guilty to the crime of assault with intent to commit murder.

At the time of the commission of the crime charged, appellant was an inmate of the state penitentiary as was his victim. Appellant’s brief contends that it was really not his fault that the assault occurred. Rather, he states, the fault lay with his custodians whom he had warned of his intentions as to the victim. Further pursuing his exculpatory stance, appellant…

2Cases cited5 opinions

  1. Douglas v. CaliforniaSupreme Court of the United States · 1963
  2. State v. WeeksSupreme Court of Florida · 1964
  3. Hollingshead v. WainwrightSupreme Court of Florida · 1967
  4. Donald v. StateDistrict Court of Appeal of Florida · 1963
  5. Mitchell v. StateDistrict Court of Appeal of Florida · 1965

3Cited by5 opinions

  1. Powe v. StateSupreme Court of Florida · 1968
  2. Barnett v. StateDistrict Court of Appeal of Florida · 1969
  3. Robertson v. StateDistrict Court of Appeal of Florida · 1969
  4. Burchil v. StateDistrict Court of Appeal of Florida · 1967
  5. McDaniel v. StateDistrict Court of Appeal of Florida · 1968

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