ROBERT LARRY GIBSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1985-08-22
No. 65030
BOYD, C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur., ADKINS and ALDERMAN, JJ., dissent.
474 So. 2d 1183 Florida Supreme Court (1985) Positive Treatment
Cited by 2 cases

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Synopsis

Robert Gibson appeals his first-degree murder conviction and death sentence. The Florida Supreme Court reverses his conviction because the trial court failed to conduct a competency hearing before trial despite Gibson's extensive history of competency determinations.


Holding

The trial court committed reversible error by failing to conduct a competency hearing before proceeding to trial despite Gibson's history and the requirement that courts hold competency hearings whenever it reasonably appears necessary. The court should have predicated its competency conclusion on valid evidence.


Headnotes

[1] Once a trial court orders a psychiatric evaluation upon a reasonable belief that a defendant may be incompetent, a competency hearing must be held.

[2] Failure to hold a competency hearing after ordering a psychiatric evaluation requires reversal.

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Key Quotes

“a 'trial court has the responsibility to conduct a hearing for competency to stand trial whenever it reasonably appears necessary, whether requested or not.'”

Establishes the legal standard that trial courts must proactively hold competency hearings based on circumstances, not just when requested by counsel.

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Facts & Procedural History

Gibson was arrested in June 1976 for breaking into an apartment, assaulting and raping a woman who was found dead the next morning. He confessed to th…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Gibson appeals his conviction of first-degree murder and sentence of death. We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution, and reverse Gibson’s conviction.

The police arrested Gibson in June 1976 for breaking into a woman’s apartment, hitting her over the head with a blunt instrument, and raping her. She was dead when found the next morning. Gibson confessed to the crimes, and the state indicted him for first-degree murder. In July 1976 the trial court ordered Gibson to undergo a psychiatric examination and entered an order adjudging him competent in August. After another examination in September 1976, however, the court declared Gibson incompetent and ordered him hospitalized. The hospital discharged Gibson and, after further evaluations, the trial court declared him competent in August 1978. Gibson, however, was re-hospitalized. The trial court declared him competent for the third time in April 1981. Then, following further competency hearings in October and November 1981, the trial court found Gibson competent as a matter of law but incompetent to stand trial. In January 1984 the trial court again found Gibson to be competent, but in doing so took no testimony, relying rather on past medical reports and her own observations of Gibson. The case proceeded to trial. The jury convicted him as charged and recommended the death penalty, which the trial court imposed.

In August 1983 Gibson’s counsel had filed a motion for discharge and to adjudicate Gibson not guilty by reason of insanity. He filed a supplemental motion for discharge later in the yeár, and the trial court held a hearing on the matter in November 1983. The court denied both motions.

During jury selection, the following colloquy took place on January 30, 1984:

Mr. Novick [assistant state attorney]: Two things we need to put on the record: We need a finding of competency now because it has been three months since the last competency finding....

Do you stipulate to that [Gibson’s competency], Alan?

Mr. Soven [defense counsel]: No, I won’t stipulate to that.

* * * * *

Mr. Novick: The only thing we ask the Court, we need to find, Judge, on the record, competency at this particular time.

The Court: Yes, yes.

Mr. Novick: According to my legal counsel. The Court: Judge Salmon [who heard the 1983 motions for discharge] didn’t make that ruling? He heard — held all the hearings. He just didn’t make the—

Mr. Novick: He ruled on the Garrett decision, Judge, and the five-year rule.

The Court: Uh-huh.

Mr. Novick: Due process, the speedy trial arguments.

The Court: All right, I am more than familiar with Mr. Gibson’s reports, ruling him competent at this time.

This Court has consistently held that a “trial court has the responsibility to conduct a hearing for competency to stand trial whenever it reasonably appears necessary, whether requested or not.” Christopher v. State, 416 So. 2d 450, 452 (Fla.1982); State v. Green, 395 So. 2d 532 (Fla.1981); Gentilli v. Wainwright, 157 So. 2d 419 (Fla.1963). Here, we find that, given Gibson’s history, the trial court should have conducted a competency hearing before proceeding to trial and predicated her conclusion on valid evidence. The Court committed reversible error by not doing so. We therefore vacate Gibson’s death sentence and reverse his conviction. We direct the trial court to conduct a competency hearing pri-or to retrying Gibson.

It is so ordered.

BOYD, C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur. ADKINS and ALDERMAN, JJ., dissent.


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Citator

Cited By

  • Jones v. State, 502 So. 2d 1375 (Fla. 4th DCA 1987)
    …e court was required to, sua sponte, order a competency hearing under Florida Rule of Criminal Procedure 3.210(b). The trial court does have the duty to conduct a hearing on defendant’s competency if it reasonably appears necessary. Gibson v. State, 474 So. 2d 1183 (Fla. 1985); Christopher v. State, 416 So. 2d 450 (Fla.1982); Rolle v. State, 493 So. 2d 1089 (Fla. 4th DCA 1986). In the instant case, the defendant was confined to a wheel [*1378] chair, and had exhibited some confusion. The defendant did not, how…

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