D'ARCANGELO v. STATE

No. 2D10-1375.

137 So.3d 1024 (2011)

Anthony D'ARCANGELO, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

April 13, 2011.


Attorney(s) appearing for the Case

Michael J. Minerva and Melissa Montle of the Innocence Project of Florida, Inc., Tallahassee, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, and Richard M. Fishkin , Assistant Attorney General, Tampa, for Respondent.


NORTHCUTT, Judge.

In this unusual case, Anthony D'Arcangelo seeks certiorari review of the circuit court's order declining to determine his competency and to stay proceedings on his motion for postconviction relief. We grant the petition.

In 1982 a jury convicted D'Arcangelo of two counts of first-degree murder. The State endeavored to have him sentenced to death, but the penalty-phase jurors split evenly on the question. The trial court concluded that the...

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