TORYANNI M. NELSON v. STATE OF FLORIDA
19-3593
| Fla. Dist. Ct. App. | Sep 17, 2021Background
- Appellant Toryanni M. Nelson was convicted and sentenced for burglary of a dwelling and appealed the judgment.
- Trial counsel raised concerns about Nelson's competency and requested a court-appointed expert.
- The first appointed expert reported Nelson incompetent but noted possible malingering; the court then appointed two additional experts who found Nelson competent.
- The court set competency status hearings, but Nelson missed both (apparently without notice), and a capias was issued; the record does not show the court resolved competency at subsequent pretrial hearings after his arrest.
- Nelson argued the court erred by failing to hold a competency hearing and by not entering a written competency determination; the Attorney General conceded error.
- The appellate court relinquished jurisdiction for 60 days and directed the trial court to conduct a nunc pro tunc (retroactive) competency hearing if possible, then file a status report.
Issues
| Issue | Nelson's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by failing to hold a competency hearing after reasonable grounds arose | Court had reasonable grounds and therefore was required to hold a competency hearing | Conceded error by the State | Appellate court relinquished for a retroactive competency hearing and directed further proceedings |
| Whether the court was required to enter a written order determining competency | Trial court failed to enter any written competency determination | Conceded error by the State | Remedy: nunc pro tunc competency determination if feasible to assure due process |
| Appropriate remedy for procedural due process violation | Retroactive determination can cure the error if contemporaneous witnesses/examinations are available | Agreed that retroactive hearing may be appropriate here | Appellate court ordered 60-day relinquishment for trial court to conduct retroactive competency hearing and report back |
Key Cases Cited
- Zern v. State, 191 So. 3d 962 (Fla. 1st DCA 2016) (appointment of experts creates duty to hold competency hearing)
- Drope v. Missouri, 420 U.S. 162 (1975) (due process forbids trying or convicting incompetent defendants)
- Charles v. State, 223 So. 3d 318 (Fla. 4th DCA 2017) (once experts are appointed court may not proceed without ruling on competency)
- King v. State, 263 So. 3d 244 (Fla. 2d DCA 2019) (retroactive competency determination is an appropriate remedy when it can assure due process)
- Dougherty v. State, 149 So. 3d 672 (Fla. 2014) (retroactive hearing requires sufficient contemporaneous expert and lay testimony to be viable)
- Cramer v. State, 213 So. 3d 1028 (Fla. 2d DCA 2017) (directing trial court to conduct nunc pro tunc competency hearing when appropriate)