164 So. 3d 745
Fla. Dist. Ct. App.2015Background
- Raffus Whitfield attacked a victim with a knife attempting to take a motor vehicle; charged with burglary of a conveyance with a battery with a weapon, attempted carjacking with a deadly weapon, and aggravated battery with a deadly weapon.
- Jury convicted on all counts; trial court imposed life on the burglary count and concurrent 15-year terms on the other counts.
- Parties agreed aggravated battery is a lesser included offense of the burglary count; appellate court ordered that conviction reversed and remanded to correct the judgment.
- Whitfield had a prior 2010 finding of incompetence, but competency reviews in 2011 and 2013 found him competent to proceed.
- On the eve of trial Whitfield attempted suicide; defense counsel requested another competency hearing. The trial court questioned Whitfield briefly, found him competent, and proceeded.
- Whitfield also objected to the State’s authentication predicate for admitting a 911 recording under the excited-utterance hearsay exception; the court overruled and admitted it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravated battery conviction must be reversed as a lesser included offense | Whitfield: aggravated battery is a lesser included of burglary of a conveyance with battery | State: (implicitly) convictions stand | Reversed on that count; remand to correct judgment (agreed by parties) |
| Whether trial court abused discretion by not holding a competency hearing after Whitfield’s suicide attempt | Whitfield: suicide attempt and prior incompetency required a new competency hearing | State: prior competency findings and brief, coherent interactions showed no basis for hearing | No abuse of discretion; trial court’s finding of competency affirmed |
| Whether admission of 911 recording was improper due to deficient authentication | Whitfield: State failed proper predicate for excited-utterance exception | State: predicate adequate; recording admissible | If error, it was harmless; conviction unaffected |
Key Cases Cited
- McGhee v. State, 133 So.3d 1137 (Fla. 5th DCA 2014) (recognizing aggravated battery as lesser included offense of burglary of conveyance with battery)
- Fowler v. State, 255 So.2d 513 (Fla. 1971) (standard of appellate review for competency determinations: abuse of discretion)
- Molina v. State, 946 So.2d 1103 (Fla. 5th DCA 2006) (competency review and appellate scrutiny principles)
- Nelson v. State, 43 So.3d 20 (Fla. 2010) (past suicide attempt does not automatically establish incompetency)
- Peede v. State, 955 So.2d 480 (Fla. 2007) (articulating Dusky competency standard)
- Avilesrosario v. State, 152 So.3d 851 (Fla. 4th DCA 2014) (reversing for failure to hold competency hearing where recent suicide attempt, prior mental illness, and impaired attorney communication were present)