NICHOLAS PAUL RAITHEL v. STATE OF FLORIDA
226 So. 3d 1028
Fla. Dist. Ct. App.2017Background
- Defendant Nicholas Raithel, with documented mental illness, brain injury, and low IQ, called 211 saying he "made a bomb" and wanted to die; officers found him intoxicated and no bomb was located.
- He was charged and tried for falsely reporting a bomb; the State presented the 211 operator and officers and the jury convicted him.
- Defense counsel twice moved for competency evaluations; both motions contained waivers of the mandatory competency hearing, and the court ordered evaluations but never held a hearing or entered a formal competency determination.
- A pretrial evaluation concluded he was competent, and a later evaluation for sentencing recommended inpatient mental-health treatment but did not address competency.
- At sentencing the trial judge expressed concern for defendant’s mental health, ordered treatment, and imposed probation and court costs including a public defender fee; defendant objected and sought a Nelson hearing.
- On appeal defendant argued counsel was ineffective for not suppressing the 211 call, the court erred in denying acquittal, tried and sentenced him without determining competency, and improperly imposed a public defender lien; the Fourth DCA found error as to competency and remanded.
Issues
| Issue | State's Argument | Raithel's Argument | Held |
|---|---|---|---|
| Whether trial court erred by not holding a competency hearing before trial and sentencing | The defense waived the hearing by not scheduling it and the evaluations showed competency, so no further action was required | Trial court was required to hold a hearing and make a judicial competency determination once competency was questioned; waiver is ineffective | Reversed and remanded — a competency hearing and judicial determination were required; court may make a nunc pro tunc finding if record supports competency, otherwise adjudicate current competency and possibly retry |
| Whether defendant’s 211 call was protected by psychotherapist-patient privilege (ineffective assistance claim) | (State did not prevail on this issue in opinion) | Counsel failed to move to suppress the 211 call on privilege grounds | Court did not reach merits in this opinion (primary reversal based on competency) |
| Whether trial court erred in denying motion for judgment of acquittal (sufficiency of intent/act) | Evidence proved false report of a bomb was made with requisite intent | Statement was not a report a bomb was placed/planted nor made with intent to deceive | Court did not reverse on this ground; issue preserved for appeal but not resolved here |
| Whether imposition of $2,351 public defender lien was erroneous | (State defended costs) | Fee amount and imposition challenged as improper | Court found merit in challenge to public defender lien (remanded) |
Key Cases Cited
- Deferrell v. State, 199 So. 3d 1056 (Fla. 4th DCA 2016) (court must hold competency hearing despite express or implicit waiver)
- Kelly v. State, 797 So. 2d 1278 (Fla. 4th DCA 2001) (standard of review for competency-hearing decisions)
- Zeiler v. State, 220 So. 3d 1190 (Fla. 4th DCA 2017) (competency must be judicially determined once questioned)
- Dougherty v. State, 149 So. 3d 672 (Fla. 2014) (Rule-based requirement for competency proceedings)
- Monte v. State, 51 So. 3d 1196 (Fla. 4th DCA 2011) (competency hearing required when concerns arise)
- Pope v. State, 441 So. 2d 1073 (Fla. 1983) (doctrine that a party may not invite error and then complain on appeal)
- Silver v. State, 193 So. 3d 991 (Fla. 4th DCA 2016) (trial court may make a nunc pro tunc competency determination if record supports it)
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973) (criminal defendant's right to counsel-related procedures)