250 So. 3d 777
Fla. Dist. Ct. App.2018Background
- In 2015 the trial court found appellant incompetent and committed him for treatment under the Department of Children and Families.
- On March 15, 2016 the court orally found appellant competent to proceed but did not enter a written order memorializing that finding.
- On April 15, 2016 defense counsel raised competency concerns and the court ordered a new competency evaluation.
- On May 24, 2016 the court accepted appellant’s nolo contendere plea; counsel stated the evaluation ‘‘came back competent to proceed’’ and the court did not conduct a hearing or independently adjudicate competency.
- On July 26, 2016 appellant moved to withdraw his plea alleging ineffective assistance of counsel; the court denied the motion.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the court’s March 15, 2016 oral finding of competency required a written order | Failure to enter a written order violated rule 3.212 and is reversible error | Court’s oral finding was sufficient | Court erred; a written nunc pro tunc order is required and remand ordered ( Flowers ) |
| Whether the court was required to conduct an independent competency hearing before accepting the May 24 plea after ordering an evaluation | Court should have held a hearing or made an independent assessment before accepting plea | Parties’ statements and expert reports were adequate; no preservation but right cannot be waived | Court erred; must perform independent adjudication or hold a hearing; remand for retroactive competency determination or new trial if retroactive determination impossible or shows incompetence ( Sheheane, Zern ) |
Key Cases Cited
- Flowers v. State, 143 So.3d 459 (Fla. 1st DCA 2014) (requires written order memorializing competency finding)
- Zern v. State, 191 So.3d 962 (Fla. 1st DCA 2016) (court must make independent competency determination; cannot merely accept stipulation)
- Sheheane v. State, 228 So.3d 1178 (Fla. 1st DCA 2017) (once reasonable grounds exist, court must hold a hearing and independently assess competency)
- Dougherty v. State, 149 So.3d 672 (Fla. 2014) (remedy for failing to conduct proper competency hearing is generally a new trial)
- Francis v. State, 248 So.3d 263 (Fla. 1st DCA 2018) (retroactive competency determination may be appropriate when contemporaneous witnesses and experts can provide pertinent evidence)