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Brancaccio v. State, No. 4D08-2664 (Fla. App. 2/10/2010) (Fla. App., 2010)

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VICTOR BRANCACCIO, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-2664. District Court of Appeal of Florida, Fourth District. February 10, 2010. Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County, Gary L. Sweet, Judge, L.T. Case No. 561993CF001592A. Marcia J. Silvers of Marcia J. Silvers, P.A., Miami, for appellant. Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee. WARNER, J. Appellant, Victor Brancaccio, challenges the trial court’s denial of his motion for postconviction relief based upon newly discovered evidence. While the trial court found that evidence of the effects of the drug Zoloft could be considered newly discovered in that the drug warnings issued by the Food and Drug Administration came well after the trial in this action, it concluded that the evidence would not, as a matter of law, establish an involuntary intoxication defense and would not produce an acquittal on retrial...continue to full post

Full post as published by Florida Criminal Law Opinions on February 10, 2010 (boomark / email).