TAMMY E. ROLLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Tammy Rolle appeals her conviction for cocaine trafficking, challenging the trial court's finding that she was competent to stand trial without conducting a formal competency hearing. The appellate court affirmed, finding the trial court's in-court examination of Rolle and the psychiatrist's testimony provided sufficient basis to determine she was competent.
The trial court did not err in failing to conduct a formal competency hearing because the trial court's examination of Rolle and the psychiatrist's testimony provided sufficient evidence that she was competent to stand trial. The trial court had no obligation to conduct a formal hearing when there were no reasonable grounds to believe the defendant was not competent.
[1] A trial court has a responsibility to conduct a competency hearing if it reasonably appears necessary.
[2] A defendant is competent to stand trial if they possess a sufficient present ability to consult with their lawyer with a reasonable degree of rational understanding and h…
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Join FLexlaw to unlock all legal intelligence“It is the trial court's responsibility to conduct a hearing on a defendant's competency to stand trial if it reasonably appears necessary.”
Establishes that competency hearings are required only when reasonably necessary, not as an absolute procedural requirement.
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Join FLexlaw to unlock all legal intelligenceRolle raised the competency issue one day before trial was scheduled to begin. Her defense counsel filed a motion for psychiatric examination and comp…
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PER CURIAM.
Tammy E. Rolle appeals her conviction and sentence for trafficking in and delivery of cocaine. She raises two points on appeal, however only one merits discussion. She contends that the trial court erred in finding her competent to stand trial because the requirements of Rule 3.210, Florida Rules of Criminal Procedure were not followed.
Rolle raised the issue of her competency the day before her trial was to begin. Defense counsel filed a motion for psychiatric examination and competency hearing, and submitted a narrative report from the psychiatrist treating Rolle for injuries sustained in a job-related accident two years earlier. The trial court granted the motion for psychological evaluation to the extent that such could be completed before the trial began the next day, but did not rule on the request for a competency hearing.
It is the trial court’s responsibility to conduct a hearing on a defendant’s competency to stand trial if it reasonably appears necessary. Christopher v. State, 416 So. 2d 450 (Fla.1982) (emphasis added). A defendant is competent to stand trial if he has a sufficient, present ability to consult with his lawyer with a reasonable degree of rational understanding, and he has a rational and factual understanding of the proceedings against him. Dusky v. U.S., 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960).
At the commencement of the trial, the trial court examined Rolle and engaged in the following colloquy:
THE COURT: Miss Rolle, do you understand what the issue here today is? MISS ROLLE: Yes, I do. THE COURT: Under the circumstances, do you understand what’s going on? MISS ROLLE: Yes, I do. THE COURT: Do you feel that you’re able to pay attention to this trial, talk to your lawyer, and aid him in creating your defense? MISS ROLLE: Yes, I do. THE COURT: Do you understand what you’re charged with? MISS ROLLE: Yes. THE COURT: And do you understand what the penalties for that are? MISS ROLLE: I believe 15 years. THE COURT: Is it 15? MR. JAMES SCHNEIDER: Three year mandatory, [assistant state attorney] THE COURT: Well, your demeanor, your intelligence in this ease — Do you know who I am? MISS ROLLE: Yes. THE COURT: What’s my role here? MISS ROLLE: You’re the judge. THE COURT: I’m the judge, right. Of course you know this gentlemen here? MISS ROLLE: Yes, I do. THE COURT: What’s his name? MISS ROLLE: Joseph Schneider, [defense counsel] THE COURT: And he’s what? MISS ROLLE: My attorney. THE COURT: Do you feel competent to go to trial? MISS ROLLE: Yes, I do. THE COURT: Are you taking any kind of medicine? MISS ROLLE: Not today. I didn’t take it. The trial court also permitted Rolle’s psychiatrist to testify regarding her condition since the parties could not agree on the selection of an independent expert to evaluate her. Based upon Rolle’s responses to the trial judge’s questions and the substance of the psychiatrist’s testimony, we believe the trial court was justified in its finding that there were no reasonable grounds to believe appellant was not competent to stand trial. Therefore we find no error in the trial court’s failure to conduct a competency hearing as provided in Rule 3.210.
Accordingly we affirm the judgment and sentence.
AFFIRMED.
DELL and GUNTHER, JJ., and COL-BATH, WALTER N., Jr., Associate Judge, concur.
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Jones v. State, 502 So. 2d 1375 (Fla. 4th DCA 1987)…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, however, have a history of mental illness. Moreover, defense counsel in this case had actually re…
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Pickles v. State, 976 So. 2d 690 (Fla. 4th DCA 2008)…articulate, and cogent. Three experts had all opined that the defendant was competent but merely malingering. There was no dispute between any of the experts. An evidentiary hearing is required if it “reasonably appears necessary.” Rolle v. State, 493 So. 2d 1089, 1090 (Fla. 4th DCA 1986) (emphasis omitted). The trial court did not abuse its discretion in determining that an evidentiary hearing did not appear reasonably necessary in light of the three consistent expert reports finding Pickles competent to st…
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Boggs v. State, 575 So. 2d 1274 (Fla. 1991)…t, to retry him.2 It is so ordered. SHAW, C.J., and OVERTON, McDonald, BARKETT, GRIMES and KOGAN, JJ., concur. . Muhammad v. State, 494 So. 2d 969 (Fla.1986), cert. denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987), and Rolle v. State, 493 So. 2d 1089 (Fla. 4th DCA 1986), review denied, 503 So. 2d 327 (Fla.1987), relied on by both the trial court and the state, are factually distinguishable. The last expert that examined Muhammad found him competent, and Muhammad refused to cooperate with the add…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dusky v. United States, 362 U.S. 402 (U.S. 1960)
- Christopher v. State, 416 So. 2d 450 (Fla. 1982)