261 So. 2d 508 | Fla. Dist. Ct. App. | 1972
Appellant-defendant Willie Butler appeals a judgment of conviction of first degree arson. The principal points urged are that the trial court erred in (1) refusing to allow a lay witness to voice her opinion as to the question of defendant’s sanity at the time of the alleged offense, and (2) failing to hold a hearing to determine defendant’s mental condition pursuant to Florida Criminal Procedure Rule 1.210(a), 33 F.S.A.
The facts are undisputed that this defendant, at the time alleged, set fire to a dwelling house. The only litigable issue at the trial was the question of defendant’s sanity at the time of the offense, that being in the early morning hours of February 4, 1971. Subsequent to his arrest, the trial court inquired as to defendant’s mental condition. A court-appointed psychiatrist, who had previously (October 1968) been appointed by the court to conduct a sanity evaluation of defendant, examined him on March 19, 1971, and concluded that defendant was a chronic schizophrenic and mentally retarded. This psychiatrist had treated defendant as an outpatient of the Leon County Health Center. On April 15, 1971, another court-appointed psychiatrist, after examining defendant for approximately one hour, concluded that he suffered no psychosis and knew the difference between right and wrong at the time of the offense. As a result of the above examinations, defendant was adjudicated insane and committed to the Florida State Hospital. On August 18, 1971, the Chief Physician of the State Hospital recommended that defendant be discharged. He was brought to trial on August 24, 1971, and on the same date, without a hearing, the trial judge entered a nunc pro tunc order adjudicating defendant “. to be legally sane and mentally competent to stand trial . . . as of Aug. 20, 1971.”
We first consider defendant’s contention that the trial court erred in not
Byrd v. State
We now turn to the second point concerning a failure on the part of the trial court to hold a hearing to determine defendant’s mental condition. At a hearing held on May 28, 1971, defendant Butler was legally adjudicated mentally incompetent. On August 18, 1971, the court, after observing that the Chief Physician of the Florida State Hospital had recommended that defendant be discharged, entered an order directing his discharge. As recited above, on the day of the trial, August 24, 1971, the trial court entered an order based solely on the competency discharge issued by the Florida State Hospital on August 19, 1971, and, without holding any hearing as to defendant’s mental competency, held in said order that “. . . said defendant is now mentally competent and able to stand trial . ” It was at this stage of the proceedings that the question of sanity was a legal question and not a medical question, and which was not “legally” decided. This record discloses an implied waiver of same on the part of defendant. However, inasmuch as this cause must be reversed as to point one, the trial court upon remand should grant a hearing on the defendant’s mental condition in compliance with Florida Criminal Procedure Rule 1.210(a).
Reversed and remanded for a new trial.
. Byrd v. State, 178 So.2d 884 (2 Fla.App.1965).