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CIOLI v. STATE

No. 74-211.

303 So.2d 82 (1974)

Mario CIOLI, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 8, 1974.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Bruce J. Daniels, Sp. Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

This is an appeal from a denial of a motion to vacate, F.R.Cr.P. 3.850, without an evidentiary hearing thereon. The basis of appellant's claim, raised twenty months after sentencing, was that he was mentally incompetent at the time of trial. We reverse.

A motion to vacate, F.R.Cr.P. 3.850, is the proper procedure to raise this issue. As is necessary, appellant's sworn petition contained detailed allegations of material and relevant facts which...

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