Cramer v. State
213 So. 3d 1028
| Fla. Dist. Ct. App. | 2017Background
- David Cramer was convicted of possession of a controlled substance, possession of drug paraphernalia, and escape; he appealed alleging due-process error in competency handling.
- Two court-appointed experts submitted written reports concluding Cramer was competent before trial.
- At a pretrial hearing defense counsel stated the experts found Cramer competent and the parties were proceeding to trial; the trial court made no oral competency findings.
- The State offered to prepare a proposed competency order, but no written competency order appears in the record.
- The Second District concluded the trial court accepted a stipulation of competence without making an independent judicial determination.
- The court relinquished jurisdiction to the trial court for 60 days to conduct a new competency hearing under the procedure in Fowler.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court satisfied due process by failing to make an independent competency finding | State: competency established by experts and parties' agreement; proposed order available | Cramer: trial court failed to independently determine competency despite reports and stipulation | Court: Error — trial court must make independent competency determination; stipulation insufficient |
| Whether competency could be determined retroactively without vacating conviction | State: written reports and record can justify no new trial | Cramer: absence of independent finding requires further proceedings | Court: Retroactive determination possible, but trial court must hold proper hearing to assure due process |
Key Cases Cited
- Dougherty v. State, 149 So. 3d 672 (Fla. 2014) (trial court must make independent competency determination; written reports are advisory)
- Fowler v. State, 255 So. 2d 513 (Fla. 1971) (competency may be determined on written reports if parties and court agree; outlines procedure)
- Roman v. State, 163 So. 3d 749 (Fla. 2d DCA 2015) (parties may agree court can rely on experts' reports for competency determination)
- Zern v. State, 191 So. 3d 962 (Fla. 1st DCA 2016) (court cannot accept stipulation to ultimate competency issue; independent finding required)
- Mason v. State, 489 So. 2d 734 (Fla. 1986) (retroactive competency determination permissible if due process is assured)